Police v Faatau [2008] WSSC 71 (29 August 2008)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Prosecution

AND:

TIETIE TUIMAUGA FAATAU
male of Neiafu
Defendant

Counsels: Ms Su’a and Ms Faumuina for prosecution
Mr Roma for defendant

Sentencing Date: 29 August 2008

SENTENCE BY JUSTICE VAAI

Defendant this is a very sad incident. It is very sad because at the age of 15 years you appear on a very serious offence for which you are liable to life imprisonment.

It is also very sad because the victim in this case was 14 years old at the time of your offending and you were also 14 years old at the time of the offending. It is also very sad because the victim died at a very young age, he was deprived of the opportunity to live his full life.

From reading the summary of facts and the probation report as well as hearing submissions by your counsel, this is a sad incident for your family, for your church, for village and for your school. I have also read the testimonials prepared the Bishop of the Fagafau Latter Day Saints Branch, the Mayor of Fagafau and the Principal of your school and I am impressed by those testimonials.

Usually when a person is killed within his village, the village will always banish or take severe actions against the person who caused the death. The village of Fagafau did not do that in this case because of the circumstances surrounding the death of the deceased.

It was a sad but an unintentional act on your part. It is also very sad because the licensee of the rifle that was involved should not have left that rifle lying around and that person as I am told he has been punished by having that 22 rifle removed from his possession and his licence revoked. As a result of your unfortunate and unintentional act you have killed your own cousin. As a result of your act your family and parents have suffered financially through the provision of funeral expenses for the victim. This is a matter that you will have to live with for the rest of your life.

I am of the view that there is no punishment that I can impose which is greater than the punishment that you have imposed upon yourself and that is that you killed your own cousin. The probation service is prepared to assist you, it has asked the court by recommending supervision under their service to rehabilitate yourself. But I am somewhat reluctant to accept that recommendation. The reason is that although there have been young persons who were convicted of manslaughter who were placed under probation but they were under totally different circumstances to this one. To place you under probation now will be to enter a conviction to your name at this tender age.

In the circumstances I am not prepared to enter any conviction. To have a conviction against your name now can have undesirable consequences, it may probably end your chances to travel overseas in the future especially with a conviction for manslaughter. I think for this offence you have suffered enough punishment your family and victim’s family have suffered enough. You are discharged without conviction.

JUSTICE VAAI