Police v Atoa [2010] WSSC 22 (22 March 2010)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

THE POLICE
Informant

AND:

TIFAGA JUNIOR AIONO ATOA,
male of Lepale Fasito’o-uta.
Defendant

Counsels: Mr M. Lemisio & Ms L. Taimalelagi for the prosecution
Defendant unrepresented

Sentence: 22 March 2010

SENTENCE

This defendant appears for sentence on a charge that on 28 December 2009 at Fasitoo-uta he did attempt to murder the complainant by shooting at him. The complainant is the defendants neighbour and is his village pastor. Fortunately for the complainant he was warned of the defendant approaching with the gun and he jumped aside causing the shot to miss him, otherwise the defendant may have been facing a charge of murder and not attempted murder. The maximum penalty for attempted murder is life imprisonment.

As a result of this incident the defendant also faces charges of possession of an unlicensed firearm contrary to section 9 of the Arms Ordinance 1961 with a maximum penalty of 2 years imprisonment, armed with a dangerous weapon namely a gun contrary to section 25 of the Police Offences Ordinance 1961 with a maximum of 12 months, a second count of armed with a dangerous weapon namely a bush knife, as well as discharging a firearm contrary to section 3 (u) of the Police Offences Ordinance.

The defendant has pleaded guilty to all charges and I am satisfied from the report of the Mental Health Unit of the National Hospital that the defendant understands the charges against him and his liability to answer thereto. It has also been confirmed from the Police that the defendant is a first offender.

The use of firearms in this country to commit offences is a very serious crime and is normally punished by imprisonment. Penalties prescribed for such offending have been increased by our Parliament over the last ten years in recognition of its seriousness, in an effort to allow the courts to try and combat this increasingly prevalent crime. Although the complainant was not hit by the defendants shot, there were consequences in the defendants offending to the complainant and his family which have been outlined in the prosecution victim impact report placed before the Court. The defendants offending is also aggravated by his premeditation in going to the complainants house armed before hand with the gun and the sapelu. No question Tifaga that a penalty of imprisonment must be imposed on you for your behaviour and the real issue is how long is appropriate.

In Police v Tuitama unreported 1996 a case of a defendant shooting his sister in law a penalty of 4 years imprisonment was imposed. In Police v Ah Kee [2009] WSSC 78 the defendant shot the victim in the stomach and received a sentence of 6 years imprisonment. In Police v Titi [2007] WSSC 91 a defendant who shot the victim in the back of the head was sentenced to 5 years 4 months imprisonment. These are the sort of penalties the court has imposed in other cases.

I am mindful however Tifaga that in your case there was substantial provocation emerging from the complainant, because I accept what you say that you did this in retaliation for the complainant a day or so earlier aiming a gun at you and pretending to shoot you. I do not accept what the complainant says in the victim impact report that he has absolutely no idea why the defendant would try and kill him because people who do this sort of thing do not do it for no reason. I note the parties are neighbouring land owners and I suspect the pastor has been less than truthful in telling us about his experiences with the defendant.

It is also in the defendants favour that he has pleaded guilty and he is a first offender. He suffers from schizophrenia according to the Mental Health Unit report, a condition he is now receiving treatment for by way of medication. All these reduce Tifaga what would otherwise be a sentence of 5 years imprisonment to one of 3 years imprisonment.

Accordingly on the charge of attempted murder you are convicted and sentenced to 3 years imprisonment. On the charge of possession of an unlawful firearm, 12 months imprisonment; on the charge of armed with a dangerous weapon namely a gun, 6 months; on the charge of armed with a dangerous weapon namely a knife, 3 months; on discharging a firearm you are discharged without conviction. All terms are to be served concurrently which means Tifaga you only serve 3 years imprisonment. Your time spent in custody awaiting sentence is to be deducted from that.

JUSTICE NELSON