Police v Vaalelei [2002] WSSC 26 (1 October 2002)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Informant

AND:

HILE VAALELEI,
male of Sapunaoa Falealili
Defendant

Counsel: Mr R Schuster & Ms L Mulitalo for prosecution
Mr M Leung Wai for the defendant

Hearing Dates: 10, 22, 23 and 13 September 2002
Sentencing: 07 October 2002

SENTENCING REMARKS OF JUSTICE VAAI

Defendant you now appear for sentence on the charge of manslaughter to which you are liable to imprisonment for life.

The incident from which the present offence arose occurred at night between the youths of the villages of Sapunaoa and Satalo. A fight took place which resulted in the one of the Satalo boys being injured. You were not involved in that fight. The Sapunaoa youths including you were then told by the Methodist Minister of Satalo to retreat towards Sapunaoa. You then retreated towards Sapunaoa accompanied by the Methodist Minister. And while you were in the course of retreating you were pursued by the Satalo youths. The deceased was one of the Satalo boys.

Those Satalo boys were armed with stones. The deceased was armed with a can of herring. A fight broke out when the Satalo boys including the deceased attacked the youths from Sapunaoa. The deceased used his can of herring to assault one of the Sapunaoa boys. During the course of the fight that can of herring fell on to the road and you, the accused, picked it up and assaulted the deceased on the head with it. The injury to the head of the deceased caused the death of the deceased. The fight happened very quickly and lasted a very brief period due to the intervention of the Minister and others and a number of stones and rocks were thrown.

You were originally charged of murder but the panel of assessors found you guilty of manslaughter instead.

I agree with that verdict. I also agree that had you not been pursued by the Satalo boys, this charge against you would not never have arisen. I am satisfied from the pre-sentence report and from the submissions of your counsel that what took place on the night in question was completely out of your character. You joined the fight when one of the youths from your village called out that he was injured. You saw the deceased striking one of your villagers with the can causing the can to fall on the ground. I accept all the three testimonials presented on your behalf. I also agree with your counsel that you were provoked into joining the fight. But what took place in the night in question between the youths of Satalo and Sapunaoa should never have occurred.

That is a sort of incident which happened years ago but it should never happen in modern days. The incident arose out of very trivial beginnings but had very serious consequences. A life has been taken and this court must impose a sentence to try and curb such violent behaviour. An appropriate sentence must be imposed bearing in mind the very special circumstances. Violent behaviour will not be tolerated but I do not forget the violent behaviour of the deceased himself which lead to his death. He was killed by his own dagger.

In the circumstances I am satisfied that some leniency must be shown towards you and a substantial reduction in the sentence. The court therefore will not impose a usual sentence that normally imposes taking all the mitigating factors into account. You are sentenced to eighteen (18) months imprisonment.

JUSTICE VAAI