Police v Vailopa [2010] WSSC 66 (26 April 2010)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

THE POLICE
Informant

AND:

IKILASI RAYMOND ISUMU VAILOPA
male of Fugalei.
Defendant

Counsels: Ms L.Su'a for the prosecution
R.V. Papalii for the defendant

Sentence: 26 April 2010

SENTENCE

Similar to the last case this is another manslaughter case with a number of mitigating factors. But firstly I will deal with the Coroners finding. I find that the deceased Tupu Solomona a male 23 years old of Fagasa, Savaii and Vaimoso, Apia died at Tupua Tamasese Hospital Motootua on 20 November 2008 as a result of head injuries sustained in an assault.

The facts of this matter as accepted by the defendant revealed that on the afternoon of Saturday 13 September 2008 the intoxicated deceased and a friend had bought food from one of the Fugalei Market food stalls and had taken it to the bus stop to eat. They were approached by the defendant and his friend who asked them to share the food. The deceased and his friend quite rightly refused to do so and told them to go away but the defendant and his companion persisted. The deceased and his friend told the defendant and his companion to leave them alone and then said "don't they know they are from the village of Vaimoso". This angered the defendant and caused him to punch the deceased on the head. The deceased fell on to the concrete sidewalk and became unconscious. He was taken to the hospital by one of the nearby taxi drivers and the admitting physicians report at the hospital shows that on arrival he had a severe head injury and was unconscious. X-ray showed a linear fracture of one of the bones of the skull and internal bleeding in the brain. Despite the doctors efforts the deceaseds condition continued to deteriorate and he died one week later at the hospital. According to the pathologist post mortem report death was due to failure of the vital centres of the brain following intracranial haemorrhage as a result of blunt trauma to the head.

You are here today Ikilasi because of an argument over food between parties who were most probably all intoxicated. What you did was totally unnecessary and has caused someone to die. You have deprived a family of someone who was working and living in Apia and supporting his father and young siblings in Savaii. There is no question that an imprisonment penalty has to be applied but that penalty must be assessed considering the fact that it was only one punch that you delivered. You will be treated as a first offender because your drug conviction is for an offence of a different nature and occurred after this matter occurred. I also take into account Ikilasi that at the time of your offending you were 16 years of age. I will also give you credit for your guilty plea which even though entered late you are still entitled to credit for. In respect of this matter you are convicted and sentenced to 3 years in prison but that term is ordered to be served at the Olomanu Youth Facility.

JUSTICE NELSON