Police v Peni [2014] WSSC 129 (16 April 2014)

IN THE SUPREME COURT OF SAMOA
Police v Peni [2014] WSSC 129

Case name:	Police v Peni
Citation:	[2014] WSSC 129
Decision date:	16 April 2014
Parties:	Police (Prosecution) Faalau Samoa Peni, male of Vaitele-tai (Defendant)
Hearing date(s):	-
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	On this matter you will be convicted and sentenced to 3 years in prison. Your time in custody awaiting sentence is to be deducted.
Representation:	L Sio for prosecution Defendant unrepresented
Catchwords:	-
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

FAALAU SAMOA PENI, male of Vaitele-tai.
Defendant

Counsel: L Sio for prosecution
Defendant unrepresented

Sentence: 16 April 2014

SENTENCE

1. This defendant has pleaded guilty to causing actual bodily harm to the complainant. He is a 33 year old male of Vailele-tai married with three children and supports his family as a fisherman and doing other work. His wife and the village pulenuu speak well of him and it is clear he is a person who lives up to his family and other responsibilities. The complainant is a 34 year old male of Matautu Falealili married also with children. He is the defacto partner of the defendants cousin. At the time of this offending they were all living at the defendants house at Vailele-tai.
2. It appears that what happened is on the day of this incident the defendant was drinking vodka at home preparing the Sunday meal. He continued drinking until the evening and at that stage the complainant and a friend joined him. A disagreement occurred between the defendant and the complainant. It had to do with some unacceptable behaviour by the complainant towards the defendants children which angered the defendant.
3. As a result the defendant grabbed an axe and struck the complainant in the back of the head. It is not clear from the police summary how many strikes were delivered but the medical report on the complainant indicates that when he was admitted to the hospital he had a number of injuries: large deep wound left part of his neck down to a depth of 2 cm and measuring 7 cm in length. Fortunately for the complainant the wound missed the large blood vessels around the neck. Considering the nature of the wound I am certain that if they had affected the blood vessels in the neck the complainant would have died before he reached hospital.
4. The medical report also notes that the complainant had two lacerations to his scalp measuring 4 cm each. Emergency surgery was performed on the complainants injuries and he was detained in hospital to recover. The report does not say for how long he was admitted to hospital.
5. It is clear that this was a serious attack causing serious injuries involving the use of a weapon namely an axe. It also appears from the defendants record this is not the first time he has appeared in court on a charge of this nature. He appeared ten years ago on a charge of grievous bodily harm for which he was sentenced to a term of imprisonment. There is no question that a term of imprisonment must also be imposed for this offending.
6. I am astounded at the lightness of the charge with which the prosecution has laid against you. But that is the charge the police have laid against you and that is the charge you pleaded guilty to, that is the charge I sentence you on. That charge Faalau has a 7 year maximum penalty.
7. Considering all the circumstances of your matter Faalau I start your sentence at 5 years. I will deduct a quarter of that term for your guilty plea because that has saved the courts time. Leaves a balance of 45 months. You have a good background according to the probation report you have stayed out of trouble for the last 10 years. There are also references attached to your probation report from your faifeau and your pulenuu. Balancing that against your previous conviction I will deduct 3 months from your balance of sentence leaves 42 months. Your village counsel has penalised you and your family for this matter. That has been confirmed by the probation office. In recognition of that I will deduct a further 6 months from the balance of your sentence leaves 36 months.
8. There are no other deductions you qualify for Faalau on this matter you will be convicted and sentenced to 3 years in prison. Your time in custody awaiting sentence is to be deducted.
   

JUSTICE NELSON