Police v Samuelu [2008] WSSC 29 (21 May 2008)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Prosecution

AND:

FEALOFANI SAMUELU male
of Luatuanuu and TOVIA AVE male of Laulii
Accuseds in person

Presiding Judge: Justice Vaai

Counsel: Ms Sua for prosecution
Accused in person

Sentencing Date: 21 May 2008

SENTENCE BY JUSTICE VAAI

Defendant Fealofani Samuelu is 21 years of age and the accused Tovia Ave is 24 years of age. Both have pleaded guilty to the charge of robbery. That robbery was accompanied by violence and for this offence you are liable to 10 years imprisonment. The victim of your robbery is an eighteen year old youth who was much younger than both of you. This youth was in a habit of driving their family taxi during the weekends.

On Sunday the 16th March 2008 the victim took a passenger to your village Laulii. After dropping off the passenger both of you entered the taxi and this was after midnight on Sunday. Both of you were under the influence of alcohol; you told the taxi driver you wanted to travel to Apia. That was a lie because not long after the taxi travelled towards Apia one of you directed the taxi to turn onto a dirt road. After the taxi travelled for a short period the victim told you the road was not suitable for the taxi. Both of you knew the road was not suitable to travel on. He told the both of you that he will turn back and he will not charge you for the taxi fare. But you have already formed an intent to rob this victim. The defendant Tovia stepped out of the taxi, approached the victim from outside the taxi and punched the victim several times in the face. The other defendant Fealofani reached over where the cash box was and took the cash that was in that box. The victim tried to stop Fealofani by punching him but Fealofani got out of the taxi, picked up a rock and struck the victim on the face. The victim managed to get out of the vehicle and started fighting with the both of you. It was during that altercation that the defendant Tovia took the victim’s silver wristwatch from his hand and $15 tala from his pocket. The other defendant Fealofani ripped off the victim’s gold earring from his ear and took the victim cellphone which has dropped during the fight. Fealofani also attempted to pull out the car stereo but upon failing to do so ripped off the frame of the stereo instead. The worst feature of this offence is the violence that was engaged by both accuseds when they committed the offence.

For robbery aggravated by injuries to the victim calls for sentences towards the top range. What made the assault worse was that all the strikes were aimed at the face of the victim. There were injuries to the face and to the mouth of the victim. As a result of the injuries he was kept overnight at the hospital for observation. Although the amount of money stolen and the value of the goods that were taken were relatively low, the violence that was engaged however must call for a lengthy custodial sentence.

In your favour I take into account your early guilty plea to the offence. I also take into account that the village of Laulii have already punished you very severely. I also take into account your previous good records and your ages. 3 years is the period that I will consider as a starting point. I deduct 6 months for your early guilty pleads. I deduct a further 6 months for your previous good conduct, and a further 3 months for the penalty that has been imposed by the village. You will serve a total of 1 year and 9 months imprisonment to commence from the 22nd March 2008 when you were remanded in custody.

JUSTICE VAAI