Police v Toma [2010] WSSC 65 (26 April 2010)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

THE POLICE
Informant

AND:

FAAUILA TOMA
male of Salani Falealili.
Defendant

Counsels: Ms L.Su'a for the prosecution
TK. Enari for the defendant

Sentence: 26 April 2010

SENTENCE

This defendant is charged that at Salani Falealili on the 30 July 20009, he did assault the deceased and caused his death thereby committing the crime of manslaughter. The maximum penalty for manslaughter is life imprisonment. As this court also sits as a Coroners Court to enquire into the cause of death in this matter, I issue the Coroners finding that the deceased Iakopo Ieremia a male of Vaiusu and Salani Falealili aged 36 years died at Salani Falealili on or about the 30 July 2009 from head injuries sustained in an assault.

The police summary of facts which the defendant accepts reveals that at around 11pm the night of the 30 July 2009, the deceased came to the house of the defendants crippled brother-in-law next to the defendants house. The deceased was carrying a .22 calibre rifle. He entered the house of the defendants brother-in-law and began swearing and making a lot of noise. It is not clear from the materials before me neither has it been explained to the court why the deceased did this but obviously there must have been a reason for his actions. It also appears that the deceased threatened at one stage to shoot the defendant. Efforts were made to calm down the armed and belligerent deceased and at some stage the defendant and his son-in-law were able to subdue him but they struggled to get control of the .22 calibre rifle. This struggle resulted in the gun breaking in two and the defendant grabbed the metal part of the weapon and hit the deceased on the head. This caused the deceased to run away from the scene and that was the last time anyone saw him alive. The summary of facts relates that the body was found some four days later in his plantation in a severely decomposed state. The only injury of note was a bruise to the right side of his head and the pathologists opinion is that this was the likely cause of death. This is consistent with what the defendant says that he delivered a blow to the head of the deceased. As a result of all this the defendant has pleaded guilty to a charge of manslaughter for which he today appears for sentence.

As conceded by your lawyer Faauila the seriousness of the offending means that an imprisonment term is required. That is in keeping with the gravity of the offence of manslaughter and the normal sentencing policy of the court. It also reflects the fact that a life has been lost. But sentences for manslaughter vary greatly because of the wide range of circumstances and some of the sentences the court have imposed for similar cases include Police v Tautunu [2006] WSSC 31 a period of 3 years, Police v Toe [2008] WSSC 17 a period of 2 years, Police v Fiva [2008] WSSC 89 a period of 3 years, Police v Lagalaga [2008] WSSC 103 also a period of 3 years. The circumstances of this case are close to the case of Police v Fiva because there was a high degree of provocation involved. Like your case that case involved a first offender who was of good character and I have no doubt about your character because there are many good reports attached to the Probation Office report. It also takes into account the fact that a ifoga and faaleleiga has been carried out in compliance with our tu and aganuu faasamoa, I see no reason to differentiate your penalty from the penalty imposed there which was 3 years. In respect of this matter you are convicted and sentenced to prison for 3 years.

JUSTICE NELSON