Police v Amituanai [2009] WSSC 41 (20 April 2009)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

THE POLICE
Informant

AND:

IOANE AMITUANAI,
male of Lotofaga Aleipata.
Accused

Counsels: Ms L. Su’a-Mailo for the prosecution
Defendant unrepresented

Sentence: 20 April 2009

SENTENCING REMARKS OF NELSON J.

The defendant in this case appears for sentence on a charge that on the 3 February 2009 at Lotofaga he willfully and without lawful justification caused grevious bodily harm to Iakimi Aufata a male of that village.

The summary of facts shows that the defendant the victim and two friends were drinking at their village on the day in question. The two friends then left leaving just the defendant and the victim. According to the police summary the victim is a deaf and dumb mute and further that the defendant and the victim began engaging in what is described as a "play fighting". Probably because of the alcohol consumed matters seemed to have got out of hand and the play fighting stopped and the real fighting began.

The defendant proceeded to assault the victim. The assault consisted of punches to the victim causing him to fall to the ground where further assaulting occurred. One of the two friends from the drinking party returned to the yelling victim and pulled the defendant away from on top of the victim. The consequences of the defendants assault have been extremely serious. The medical and other reports before the court indicate the victim is now paralysed and confined to a wheelchair. His injuries comprised neck injuries as well as injuries to the spine and the medical report from the hospital says it is likely that his condition will not change and he will never walk again. At 38 years of age the victims future life given his other impairments is essentially bleak. His future prospects do not look good.

The defendant now must face the consequences of his actions. The maximum penalty for this offence Ioane is seven (7) years imprisonment. There is no question that the seriousness of the assault requires a penalty to reflect societys disapproval of your conduct and to deter other like-minded young men. The fact that alcohol was involved is no excuse.

I take into account in the defendants favour the fact that he pleaded guilty and that he is a first offender for this kind of offence plus the other circumstances in the Probation Office pre-sentence report. This is a serious assault and it has put a person who was already disabled into a wheelchair probably for the rest of his life. I further note the advice this morning from the victims sister that even though he is a member of your family you have not apologised for your behaviour or even visited the victim. This shows a complete lack of remorse on your part.

The sentence must reflect the severity of your crime and the circumstances of it. You will be convicted and sentenced to four and a half (4½) years imprisonment.

JUSTICE NELSON