Police v Timoteo [2011] WSSC 65 (21 March 2011)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

THE POLICE
Informant

AND:

TIME TIMOTEO, male of Utufaalalafa Aleipata.
Defendant

Counsels: Ms F E Niumata for prosecution
Mr A Roma for defendant

Sentence: 21 March 2011

SENTENCE

This too is another case of manslaughter. The defendant here has pleaded guilty to on 21 August 2010 by an unlawful act namely assault causing the death of the deceased at Motootua National Hospital on 23 August 2010 thereby committing the crime of manslaughter. The facts of this case also reveal that it too involved alcohol.

The summary of facts relates that the defendant is 19 years of age of Aleipata and the deceased is a 50 year old male also of Aleipata. Their relationship is not disclosed by the material before me but they are from the same village of Utufaalalafa. On Saturday 21 August 2010 in the evening the summary states the defendant was drinking in his village with two others. Between the three of them they consumed two bottles of vodka over a two hour period. That is a considerable quantity of alcohol for three men to consume in two hours. And it is likely that the alcohol was of the cheap plastic bottle variety that is very common in shops in villages in this country.

The court has warned before and repeats again its warning against the uncontrolled sale of such alcohol in village stores. Because making such alcoholic spirits freely available without restriction and without regulation in stores in villages is asking for trouble. Not enough in my respectful view is being done to monitor or control or regulate the sale of such alcohol in such places. Contrast properly licensed premises. And the courts see every day not only in this court but the District Court the consequences of excessive consumption of this sort of cheap freely available alcohol.

The summary of facts continues that after consuming these two bottles of vodka the defendant then headed to a shop in the village where he met other acquaintances. One of his young friends told him that earlier that evening he had been in a fight with the deceased and the deceaseds nephew. This young man also told the defendant that this fight had taken place in the neighbouring village of Lalomanu. And that following this he had left by car leaving the deceased and his nephew to walk home. The summary continues that upon hearing this, the defendant became angry at the deceased and his nephew. His anger was compounded by the fact that he also suspected the deceased had stolen crops from his plantation together with a pig. And he said to his friends that he wanted to beat up the deceased. Another man present at the shop cautioned him not to but nevertheless the defendant decided to head towards Lalomanu to confront the walking deceased and his nephew. The defendant in his cautioned statement to the police said he decided to walk to meet up with the deceased and his nephew to question them about why they had stolen and eaten his pig. The two bottles of vodka that the defendant had helped drink probably played a large part in his fateful decision.

The summary continues that the defendant waited for the deceased and his nephew underneath a lamp post. After they had gone past the defendant stepped out from underneath the post and he called the deceased. The deceased turned around and there was an exchange of words between the two men. The deceased tried to reach the defendant but the deceaseds nephew pulled the deceased to one side. As this was happening the defendant threw a rock at the deceased and hit the deceased on the head causing him to fall to the ground. The deceaseds nephew ran towards the defendant but the defendant threw a second rock at the nephew and then the defendant ran away from the scene of the incident.

A vehicle was sought and the deceased was taken to Lalomanu Hospital where he was admitted for the night. The following day he was transferred to Tupua Tamasese Meaole Hospital at Motootua where it was discovered that he had sustained severe trauma to the head resulting in bleeding in the brain. An operation was performed which successfully stopped the bleeding but due to the severity and extent of his injuries the deceased passed away in the early hours of 23 August 2010. In respect of this matter as this court is also a Coroners Court I make the finding as coroner that the cause of the deceaseds death in this matter was a fatal head injury sustained in the assault by the defendant.

As a result of all these the defendant has pleaded guilty to a charge of manslaughter which carries a maximum penalty of life in prison. As noted in the previous sentencing this afternoon and for the same reasons the nominal start point which I will adopt for this case is 8 years in prison. And it is from there I start with your case Time.

Unlike the previous case however I am going to upgrade this from 8 years to 9 years because in your case a rock was used and it was used upon the head of the deceased. The use of weapons to the head is a significant aggravating factor and it is something that is far too common in our jurisdiction. From the start point then of 9 years I make the following deductions. Firstly a one-third deduction or 3 years for the guilty plea of the defendant leaving a balance of 6 years. From that I make a further deduction of 1 year for the fact that the defendant is a first offender of good character leaving a balance of 5 years. I note according to the probation report that there was an ifoga conducted in this matter. For that ifoga such as it was I will allow a further deduction of half a year or 6 months leaving a balance of 4½ years. From that 4½ years I will deduct a further half year or 6 months because you are only a young 19 year old. I make this deduction to reflect the reckless exuberance of youth. That leaves a balance of 4 years.

There are no further deduction which require to be made to your sentence Time. You are for this matter convicted and sentenced to 4 years in prison. Although you are not a young offender taking into consideration your age I recommend to the Prison Authority that your term be served not with the hardened and seasoned adult prisoners at Tafaigata but it be served at the Olomanu Juvenile Facility at Mulifanua. I direct the Attorney Generals office to convey that recommendation to the Commissioner of Police.

............................
JUSTICE NELSON