Police v Kesimia [2008] WSSC 41 (20 June 2008)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Prosecution

AND:

FUITAVA KESIMIA
male of Falealupo and Malie.
Accused in person

Presiding Judge: Justice Vaai

Counsels: Ms Sua for prosecution
Accused in person

Sentencing Date: 20 June 2008

SENTENCE BY JUSTICE VAAI

At about 6:30pm on the 6th February 2008 the victim had returned home after evening prayers. She is 17 years of age and is the eldest daughter of the accused. At the time of the offending the accused and the victim were living together at the village of Malie.

From the summary of facts which the accused accepted the victim was bending down when the accused approached her from behind with a piece of timber and struck her on the leg and hand. She was hit six times until the son intervened and stopped the assault. After the assault the victim sought refuge at her grandparents place in the same village but on her return the accused cut the victim’s hair short and threatened her. She ran away to her neighbours who took her to hospital. Upon admission on the 7th February 2008 a plaster of paris (cement) was applied for the fractured right leg. There was also a fracture to the left hand. She was placed on intravenous antibiotics to cover for an infection of the open fracture of the left hand. She was also operated upon to fix the fractured of her left hand. She was finally discharged on the 29th February 2008. She spent 22 days in the hospital. She is no longer living with the accused.

The defendant according to the summary of facts is a 50 year old fisherman from the village of Falealupo and Malie, married with six children. You have told the probation service the reasons why you beat up the victim. You may have very good reasons for being angry but they certainly did not warrant the way you treated her. You beat her up like an animal. As a result of your anger and the application of your anger she was admitted to hospital because of severe injuries to her leg and hand. The fact that you are the father of the victim does not licence you or warrant you to beat her up the way you did. It has become far too often for Samoans to resort to violence when they are angry. Resorting to violence when one is angry must be discouraged. Deterrence therefore is an important factor when considering sentence especially for those who inflict severe bodily injuries when they are angry.

Sentences imposed for this type of offending is usually a custodial once especially so when the weapon used, the degree of violence involved as well as the nature of the injuries sustained warrants a custodial sentence to protect society and to send a strong message that violent offending has no place in our society. Other factors like remorsefulness, previous good conduct and provocation are only considered in mitigation of the sentence.

Taking into account the factors I have referred to I am satisfied that a custodial sentence is warranted and I consider twelve months as a starting point for this offence. For your previous good conduct I deduct three months. For your early guilty plea I deduct another three months. You will serve six months imprisonment.

JUSTICE VAAI