Police v Leotele [2008] WSSC 33 (26 May 2008)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Prosecution

AND:

KALOLO TAPUAMIA LEOTELE male of
Lotofaga Aleipata
Accused in Person

Presiding Judge: Justice Vaai

Counsel: Ms Titi for prosecution
Accused in Person

Sentencing Date: 26 May 2008

SENTENCE BY JUSTICE VAAI

The defendant appears for sentence on the charge of wilfully causing grievous bodily harm for which he is liable to 7 years imprisonment.

The summary of facts been confirmed by the defendant showed that the attack on the victim was completely unprovoked. All the strikes were aimed at the head and the back of the victim; they were aimed at the victim when the victim was helplessly lying on the ground. The victim was completely defenceless and you only stopped the attack when your father intervened. The weapon that you used in the attack was a bush knife. As a result of the attack on the victim, the victim was hospitalised and suffered several injuries. There were three lacerations to the face and skull and four lacerations to his back. The victim as I am told has now been released from hospital and had suffered as a result of your attack; he has restricted use of his left arm so that his ability to perform his daily chores and plantation work will be hindered; there is also a permanent scar to the right side of his right eye running from the top of the forehead to below his right eye. There seems to be a propensity for Samoans to resort to violence when they are angry. The sentence therefore must be to deter such behaviour. Employment of violence especially when dangerous equipment are used must be discouraged.

In considering the appropriate sentence I take into account your early guilty plea and your previous good record. I am also told by the probation service that you have been fined heavily by your village. I take four years because of the violence involved as a starting point. For your early guilty plea I deduct six months and for the punishment by the village I take off another three months. You will serve three years and three months imprisonment.

JUSTICE VAAI