Police v Mane [2008] WSSC 93 (28 October 2008)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE
Prosecution

AND:

MOLELI MANE aka ENETIMA MANE
Male of Vaiusu-tai and Samalaeulu
Defendant

Counsels: Ms Titi for prosecution
Mr Roma for defendant

Sentencing Date: 28 October 2008

SENTENCE BY JUSTICE VAAI

The defendant appears for sentence on the charge of causing grievous bodily injuries. The defendant is aged 22 years and at the material time he was employed with Vailima Breweries at Vaitele.

Five days before the stabbing took place the accused and two co-workers at the Vailima Breweries had a drink after work. One of co-worker was the victim, who together with the other co-worker assaulted the accused during their drinking session.

On the day of the stabbing the accused was walking home after work when the victim and the co-worker challenged the accused to a fight. Although the accused refused, he was however struck on the head with a bottle by the victim. At that moment the accused took the knife from his bag, stabbed the victim and ran away.

The victim is a 19 year old male who also worked at the Vailima Breweries with the accused. As a result of injury to the chest from the stabbing, the victim was admitted to hospital; he was gasping for air and was in shock. On examination by the surgical team, the victim was bleeding from a wound below his right nipple. The wound is described as 2 cm.

A tube was inserted in the right chest cavity to drain the blood and the tube was removed some 23 days later when the bleeding settled. He was discharged 26 days after admission but asked to report to outpatient for check. He was readmitted 4 days after being discharged when he developed chest pain and shortness of breath. He was transferred to New Zealand where according to his grandmother, who was interviewed by the probation service, has been recovering very well.

Sentenced imposed by the court for offences of this nature have varied in severity, depending on the circumstances of each particular case. It must however be emphasised that for violent offending the imposition of a custodial sentence is normally considered.

The length of the custodial sentence is determined by factors such as the degree of, or lack of provocation; the nature of the weapon used; the extent of the injuries suffered; the impact of the assault on the victim and other considerations.

The circumstances of the offending by the accused tells the court that the accused deliberately carried a knife in his bag because of what took place 5 days before the stabbing. He awaited the slightest provocation from the victim and his co-worker to use the knife he was carrying.

The accused did not suffer any injury to his head as he claimed he suffered a heavy blow with a beer bottle delivered by the victim. I do not accept there was such a blow and accordingly I find no provocation from the victim. As a result of the injury suffered the victim was hospitalised for almost a month and eventually transferred to New Zealand.

Resorting to violence must be deterred. A custodial sentence is warranted to protect society, to deter the accused and others with propensity to re-act violently from causing injuries to others.

Considering the injury and nature of weapon used I consider 18 months as a starting point. I deduct 4 months for the previous good conduct and a further 6 months for early guilty plea. The accused will serve 8 months imprisonment.

JUSTICE VAAI