Current Version
| Region | Samoa |
| Issue | Hate crime protections |
| Status | Ambiguous |
| Start Date | Nov 1, 2016 |
| End Date | (none) |
| Description | Section 7(1)(h) of the Sentencing Act (2016) states that in sentencing or otherwise dealing with a defendant, the court must take into account that the defendant committed the offence partly or wholly because of hostility towards a group of persons who have an enduring common characteristic such as race, colour, nationality, religion, gender identity, sexual orientation, age, or disability. However, Samoan customary law in village lands is not required to be constitutional to be registered, nor does it even need to be registered to be enforceable. Cases dealing with customary law can only be appealed to the Land and Titles Court while Supreme Court and Court of Appeal decisions do not have any binding authority. |
| Sources | https://www.mjca.gov.ws/achasoso/2021/05/Sentencing-Act-2016.pdf https://faolex.fao.org/docs/pdf/sam175870.pdf https://faolex.fao.org/docs/pdf/sam222836.pdf |
| Federal Law | Yes |
Revision History (4)
edited by DaisyGeekyTrans. Reverting to revision #63424:
Helpful?
0 | Old Value | New Value (Current) | |
|---|---|---|
| Value | Sexual orientation and gender identity | (REMOVED) |
| Special Status | Sexual orientation and gender identity | Ambiguous |
edited by DaisyGeekyTrans. Doesn’t change the status.
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Value | (REMOVED) | Sexual orientation and gender identity |
| Special Status | Ambiguous | Sexual orientation and gender identity |
| Old Value (Original) | New Value | |
|---|---|---|
| Value | Sexual orientation and gender identity | (REMOVED) |
| Special Status | Sexual orientation and gender identity | Ambiguous |
| Description | Section 7(1)(h) of the Sentencing Act (2016) states that in sentencing or otherwise dealing with a defendant, the court must take into account that the defendant committed the offence partly or wholly because of hostility towards a group of persons who have an enduring common characteristic such as race, colour, nationality, religion, gender identity, sexual orientation, age, or disability. | Section 7(1)(h) of the Sentencing Act (2016) states that in sentencing or otherwise dealing with a defendant, the court must take into account that the defendant committed the offence partly or wholly because of hostility towards a group of persons who have an enduring common characteristic such as race, colour, nationality, religion, gender identity, sexual orientation, age, or disability. However, Samoan customary law in village lands is not required to be constitutional to be registered, nor does it even need to be registered to be enforceable. Cases dealing with customary law can only be appealed to the Land and Titles Court while Supreme Court and Court of Appeal decisions do not have any binding authority. |
Show Difference | ||
| Sources | https://www.mjca.gov.ws/achasoso/2021/05/Sentencing-Act-2016.pdf | https://www.mjca.gov.ws/achasoso/2021/05/Sentencing-Act-2016.pdf https://faolex.fao.org/docs/pdf/sam175870.pdf https://faolex.fao.org/docs/pdf/sam222836.pdf |
Show Difference | ||
| Original entry | |
|---|---|
| Status | Sexual orientation and gender identity |
| Federal Law | Yes |
| Start Date | Nov 1, 2016 |
| End Date | (none) |
| Description | Section 7(1)(h) of the Sentencing Act (2016) states that in sentencing or otherwise dealing with a defendant, the court must take into account that the defendant committed the offence partly or wholly because of hostility towards a group of persons who have an enduring common characteristic such as race, colour, nationality, religion, gender identity, sexual orientation, age, or disability. |
| Sources | https://www.mjca.gov.ws/achasoso/2021/05/Sentencing-Act-2016.pdf |