DISTRICT COURT OF SAMOA
Police v Taofia [2018] WSDC 11

Case name: 	Police v Taofia 	
		
Citation: 	[2018] WSDC 11	
		
Decision date: 	11 July 2018	
		
Parties: 	POLICE (Informant) vs  EKA TAOFIA & SALAUTA WILLIAM (Defendants)	
		
Hearing date(s): 		
		
File number(s): 	D2085/18, D2086/18	
		
Jurisdiction: 	District	
		
Place of delivery: 	In the District Court of Samoa, Mulinuu	
		
Judge(s): 	DCJ Fepuleai A. Roma	
		
On appeal from:		
		
Order:	1.	On the charge of insulting words against the defendant Eka, you are convicted and discharged.
2.	On the joint charge of Common Assault, you are both convicted and ordered to:
(i)	Pay $100.00 each in restitution to the victim through the Probation Service by 4pm next Wednesday 19 July 2018;
(ii)	Complete 80 hours each of community work under the direction and supervision of the Probation Service.	
		
Representation: 	I  Atoa for the Prosecution
Defendants Unrepresented	
		
Catchwords: 	Common assault – insulting words – aggravating factors – mitigating factors – discussion – result	
		
Words and phrases:		
		
Legislation cited:	Crimes Act 2013 s123, 	
	Police Offences Ordinance 1961 s4(g)	
Cases cited:		
		
Summary of decision:		

IN THE DISTRICT COURT OF SAMOA

HELD AT MULINUU

BETWEEN

POLICE
Informant
											
AND

EKA TAOFIA female of Fasitoouta, and SALAUTA WILLIAM, female of Fasitoouta
Defendants

Representation:	Ms I. Atoa for Prosecution
			Defendants Unrepresented
		
Sentence:		11 July 2018

SENTENCING REMARKS OF JUDGE ROMA
Charges
1.	You appear for sentencing on 1 joint charge of Common Assault (s123, Crimes Act 2013) and a separate charge of Insulting Words (s4(g), Police Offences Ordinance 1961) against the Defendant Eka.
2.	The maximum penalty is an imprisonment term of 12 months in your case Salauta, and 15 months or 12 months and a fine of $200.00 in respect of the Defendant Eka.
Offending
3.	The charges arise out of an incident in your village at Fasitoo uta in the afternoon of 24 April 2018.  The Police Summary which you both accept says that the victim was on her way to school to check on and feed her young children who were attending school that day.
4.	She met you both on the way and you told her to meet them again later on her way back at a particular spot.  The victim continued to school to check on her children then returned home with them.
5.	You met them on their way back and engaged in a verbal exchange over unpaid bonus (‘ponesi’).  There and then, you also assaulted the victim by pulling her hair and punching her mostly on the face.  You continued the assault until nearby villagers came to the victim’s aid.  At the same time, Eka was heard uttering the words “o ai oe lou maile, o ai oe lou pua’a” (‘who do you think you are, you dog … you pig’)
6.	According to the Summary, the victim suffered swelling and bruising to her face, and scratches to her arms.  The same injuries are confirmed by the victim in the victim impact report.
7.	It is also stated in the VIR the costs involved in treatment because she was required to go to hospital where she received treatment.  It refers also to the presence of the victim’s young children, including her baby who was in a pram, during the assault, a matter which I raised with you and which you confirmed. 
Aggravating factors
8.	Firstly, this is a joint assault.  Secondly, your offending was unprovoked.  Thirdly, the assault was carried out in the presence of the victim’s young children and baby.  Finally, the victim suffered injuries to her face and arms which required hospital treatment.
9.	There are no aggravating factors relating to you as Offenders.
Mitigating factors
10.	You have both pleaded guilty to the charge(s).  You have apologised to the victim and her family.  I doubt however your remorse because when given the opportunity to address the Court, you chose to shift the blame onto the victim and question her willingness to forgive you, and not say anything about what you did and the impact on the victim.
11.	You are first Offenders.
Discussion
12.	I was minded to impose a custodial sentence on you both if it were not for your guilty pleas and the fact that you are first offenders.  Whatever sentence this Court imposes, it must nevertheless reflect the gravity of your offending and the impact on the victim.
Result
13.	On the charge of insulting words against the defendant Eka, you are convicted and discharged.
14.	On the joint charge of Common Assault, you are both convicted and ordered to:
(i)	Pay $100.00 each in restitution to the victim through the Probation Service by 4pm next Wednesday 19 July 2018;
(ii)	Complete 80 hours each of community work under the direction and supervision of the Probation Service.
15.	Are we clear on the sentence?  Make use of the opportunity that this Court has just given you.  Thank you, you may stand down.

JUDGE FEPULEAI A. ROMA