Police v Simolo [2010] WSSC 137 (5 July 2010)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

THE POLICE
Informant

AND:

TUALASEA FALANIKO SIMOLO, male of Levi Saleimoa and Leauvaa.
Defendant

Counsels: Mr G. Patu for prosecution
Mr J. Brunt for the defendant

Sentence: 5 July 2010

SENTENCE

The defendant is a 48 year old man of Saleimoa and Leauvaa. He is married and has seven children and at the time of this incident was living with his wife at Leauvaa. The victim in the matter is the defendants wife, a 38 year old female. The charge against him is manslaughter to which he has pleaded guilty.

The summary of facts relates that in the evening of 24 February 2010, the defendant attended a party with some friends. The party started at around 4pm. The defendant left there about midnight by this time heavily intoxicated from the party. The summary of facts says he arrived home and "had a talk with the deceased about his disappointments" over some family matters. This obviously was not the right time to do this. Not surprisingly the victim stood up and walked out of the house while the defendant was still talking or probably more precisely carrying on his drunken rambling. It is not clear precisely what happened next but this action by the victim angered the defendant who then assaulted his wife. He punched her in the face and when she fell onto the floor, he kicked her in the head. The summary of facts further relates he retrieved a pair of scissors and cut the deceaseds hair and then left her lying on the floor.

The post mortem report records lacerations and bruises to her left forehead, her left cheek, her left chin and she had split her middle lip. It further notes there was underlying haemorrhaging which eventually led to the death of the deceased, a death which was plainly violent and tragic.

The courts have previously often stated that domestic violence by husbands on wives is a thing of the past and something that the courts will not tolerate and that husbands who assault their wives can expect little leniency. Starting point used by this court in Police v Piula 16 February 2010 also a case of a domestic violence killing of a wife by her husband using punches and kicks was 10 years imprisonment. Given the seriousness of the offending in this case a similar start point should be applied.

For the mitigating factors in the defendants favour in Piula such as the ifoga to the wifes family and his previous clean record and his guilty plea, the court deducted 4 years. The same factors I find to be present in your case Tualasea including the lack of your previous convictions because the prosecution cannot locate your previous conviction card. Defendant is therefore to be treated as a first offender who has expressed his remorse and regret as to what has happened. Unfortunately as he himself through his lawyer has acknowledged that will not bring back his wife.

Taking all these factors into account including submissions by defence counsel I make the same deduction in this case namely a period of 4 years. Defendant will be convicted and sentenced to 6 years in prison.

JUSTICE NELSON