Entry #19172: Hate crime protections in Samoa

Current Version

RegionSamoa
IssueHate crime protections
StatusAmbiguous
Start DateNov 1, 2016
End Date(none)
DescriptionSection 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.
Sourceshttps://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 LawYes


Revision History (4)

edited by DaisyGeekyTrans. Reverting to revision #63424:

Helpful?
0
Old Value New Value (Current)
ValueSexual orientation and gender identity(REMOVED)
Special StatusSexual orientation and gender identityAmbiguous

edited by DaisyGeekyTrans. Doesn’t change the status.

Helpful?
0
Old Value New Value
Value(REMOVED)Sexual orientation and gender identity
Special StatusAmbiguousSexual orientation and gender identity

edited by geo833. changing to include customary law

Helpful?
0
Old Value (Original) New Value
ValueSexual orientation and gender identity(REMOVED)
Special StatusSexual orientation and gender identityAmbiguous
DescriptionSection 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
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. 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.
Sourceshttps://www.mjca.gov.ws/achasoso/2021/05/Sentencing-Act-2016.pdfhttps://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
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

created by Nathan

Helpful?
0
Original entry
StatusSexual orientation and gender identity
Federal LawYes
Start DateNov 1, 2016
End Date(none)
DescriptionSection 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.
Sourceshttps://www.mjca.gov.ws/achasoso/2021/05/Sentencing-Act-2016.pdf