Police v Aso [2014] WSSC 135 (16 May 2014)

IN THE SUPREME COURT OF SAMOA
Police v Aso [2014] WSSC 135

Case name:	Police v Aso
Citation:	[2014] WSSC 135
Decision date:	16 May 2014
Parties:	Police (Prosecution) Visesio Aso, male of Matautu Falelatai. (First Defendant) AND Parnaby Iosia also known as Tiavi Iosia, male of Matautu (Second 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:	Firstly on the charge of assault which has a one year maximum penalty. I accept that your family have apologised to the complainant and there is no evidence of any serious injury to the complainant. On that charge you will convicted and sentenced to 3 months imprisonment. On the count of intentional damage to the bonnet of the police vehicle that carries a 7 year maximum penalty. There is no evidence before the court of the cost of the damage to the vehicle and I will therefore assume it was minimal. But it was damage to a police vehicle which is public property of a law enforcement agency. For that matter you will be convicted and sentenced to 3 months in prison and because that is a different offence that is a cumulative term. Armed with a dangerous weapon namely an iron pipe has a one year maximum penalty. That is a lethal weapon. For that matter you will be convicted and sentenced to 3 months in prison cumulative to the other terms. On the charge of using behaviour in hitting the bonnet of the police vehicle that is a duplication of the offending. On that charge you will be convicted and discharged without penalty. Charge of hitting the bonnet of the police vehicle to intimidate the police officers. Again that matter has already been covered by previous charge and sentence. In respect of that charge you will be convicted and discharged without penalty. In respect of this matter and all charges against the defendant he will be convicted and placed on 12 months supervision under the probation office. Special conditions of his supervision are firstly no alcohol of any kind that includes home brew Parnaby. Secondly you are not to be found in any bar or any place licensed to sell alcohol. Thirdly you are not to associate with your co-defendant Visesio or anyone else that the probation office directs you. Fa’apena foi tagata e ono fa’apea atu le ofisa e le tatau ona e latalata iai pe faiuo iai. A fai atu le ofisa aua e te faiuo ia pai ma lafai usita’i iai. You will also attend any rehab programs as required by the probation office. Because he faces four charges against him he will serve 25 hours community service on each charge that is a total of 100 hours of community service to be undertaken during his period of supervision.
Representation:	L Su’a-Mailo 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:

VISESIO ASO, male of Matautu Falelatai.
First Defendant

AND:

PARNABY IOSIA also known as TIAVI IOSIA, male of Matautu.
Second Defendant

Counsel: L Su’a-Mailo for prosecution
Defendant unrepresented

Sentence: 16 May 2014

SENTENCE

7. The two defendants face numerous charges. In respect of Visesio firstly one count of assault, one count of threatening a constable, one count of hitting the bonnet of a police vehicle, one count of armed with a dangerous weapon, one count of intentional damage to a police vehicle. The second defendant faces one count of aggravated assault, two counts of resisting police, two counts of using insulting words and one count of common assault.
8. The summary of facts which both defendants admit says that the first defendant Visesio is single 23 years of age of Matautu Falelatai and Laulii unemployed stays at home and attends the family chores. Second defendant Parnaby is single 25 years of age of Matautu-tai and is currently employed on a fishing boat. I do not propose to repeat the lengthy summary of facts submitted by the police but essentially it states that in the evening of 8^th February 2014 the drunken defendants were consuming alcohol and making a lot of noise next to the Toleafoa Taxi Stand at Matautu-tai. The second defendant in particular was using and uttering swear words. The first defendant is not from Matautu-tai but lives there with his step-fathers family. The second defendant is however a native of Matautu-tai.
9. An eventual fight broke out involving the defendants and boys of Matautu-tai. The police summary says that while Parnaby was fighting with another boy Visesio threw a rock at the head of the boy. The police were called because of the commotion being made and they eventually arrived and tried to arrest the defendants. The defendants resisted. In the course of which the first defendant picked up an iron pipe and hit the bonnet of the police vehicle twice. He also tried to break the glass window of the vehicle but the iron bars of the window prevented that. Frustrated with that he then threw the pipe at the vehicle tearing the tarpaulin at the back of the vehicle. Meanwhile the other officers of the arresting party were wrestling with Parnaby. In the course of which Parnaby punched one of the police officers.
10. It was obviously not easy to arrest the defendants and backup was called. Other officers arrived and the defendants were eventually able to be subdued. The police officer that Parnaby had punched had a minor injury only a bleeding nose. The defendants have pleaded guilty at the first mention of the charges against them and they have been held in custody awaiting sentence by this court. They have requested bail several times which I have declined. Because I want them to understand that the court regards their actions as unacceptable and serious.
11. In terms of background they have similar backgrounds but there is one big difference between these two young men. The first defendant has a long history of conviction for violent offending. Whereas his co-defendant Parnaby has a clean police record. Both young men work and played the normal role that young men of their age play in Samoan families and their full backgrounds are contained in their pre-sentence reports. In the case of Visesio in several reports because this is not his first court appearance. I will therefore deal with him first.
12. You face more serious charges involving the use of a stone and an iron pipe on the police vehicle. You have a history of offending which includes a conviction in 2010 for throwing stones and in 2011 of obstructing the police and using insulting words. You have been given a number of chances by the courts. Your chances are finished. Imprisonment is the only appropriate penalty because you must learn to control your behaviour. If not you will just keep going in and out of prison. It is up to you Visesio.
13. Firstly on the charge of assault which has a one year maximum penalty. I accept that your family have apologised to the complainant and there is no evidence of any serious injury to the complainant. On that charge you will convicted and sentenced to 3 months imprisonment.
14. On the count of intentional damage to the bonnet of the police vehicle that carries a 7 year maximum penalty. There is no evidence before the court of the cost of the damage to the vehicle and I will therefore assume it was minimal. But it was damage to a police vehicle which is public property of a law enforcement agency. For that matter you will be convicted and sentenced to 3 months in prison and because that is a different offence that is a cumulative term.
15. Armed with a dangerous weapon namely an iron pipe has a one year maximum penalty. That is a lethal weapon. For that matter you will be convicted and sentenced to 3 months in prison cumulative to the other terms.
16. On the charge of using behaviour in hitting the bonnet of the police vehicle that is a duplication of the offending. On that charge you will be convicted and discharged without penalty.
17. Charge of hitting the bonnet of the police vehicle to intimidate the police officers. Again that matter has already been covered by previous charge and sentence. In respect of that charge you will be convicted and discharged without penalty.
18. O lona uiga o ou fa’asalaga mo mataupu uma nei o le aofaiga o le fa’asalaga e 9 masina e te nofo sala ai i le falepuipui ae tatau ona toesea le taimi lea sa e nofo taofia ai e fa’atalitali le fa’aiuga mai le 9 masina lena. Fa’afetai Visesio alala mai oe i lalo.
19. Parnaby played a lesser role in the matter before the court. And I hope he has learned a valuable lesson from this experience. Ua maua se aoaoga pe leai Parnaby? (Defendant indicated he has learnt a lesson). O leisi aoaoga mo oe a e taumafa i le ava malosi ae le mafai ona e pulea ou amio e sili ona tu’u. E sili le inu o le kofe a le CCK e le molia mai ai tagata i luma o le fa’amasinoga, ua e iloa? (Defendant said yes). Ma aua e te pipi’i i ituaiga tagata lea e iai lou uso lea fa’atoa tea atu nei. Aua o lou pipi’i i le ituaiga lena lea ua mafua ai le asō. Matapoto i tagata tou te tata’a fa’atasi, e iloa amio a le tagata i ituaiga uo e te faiuo iai. E le aoga mo oe le ituaiga le la. O lea o le a tu’u atu le avanoa ia oe mo le mataupu lenei i le asō. Ae aua e te toe faia se mea fa’apea. Aua a e toe faia toe aumai oe i luma o le fa’amasinoga ia e leai loa se avanoa e tatau ona toe tu’u atu i lau susuga. Ua manino lea tulaga Parnaby? (Defendant indicated he understood).
20. In respect of this matter and all charges against the defendant he will be convicted and placed on 12 months supervision under the probation office. Special conditions of his supervision are firstly no alcohol of any kind that includes home brew Parnaby. Secondly you are not to be found in any bar or any place licensed to sell alcohol. Thirdly you are not to associate with your co-defendant Visesio or anyone else that the probation office directs you. Fa’apena foi tagata e ono fa’apea atu le ofisa e le tatau ona e latalata iai pe faiuo iai. A fai atu le ofisa aua e te faiuo ia pai ma lafai usita’i iai. You will also attend any rehab programs as required by the probation office. Because he faces four charges against him he will serve 25 hours community service on each charge that is a total of 100 hours of community service to be undertaken during his period of supervision. Ia masalo o lo’o iai nisi tu’utu’uga a le ofisa fa’anofo va’ava’aia e tatau ona fa’amalamalama atu i lau susuga. A maea le tatou mataupu le alii ofisa lea e alala mai e fai se tou tala ma saini ou pepa e tusa ai ma le fa’aiuga o le fa’amasinoga. E te toe tula’i i luma o le fa’amasinoga i se mea fa’apea? (Defendant said no). Ia savali i au upu na ua tu’u mai i le asō Parnaby.
    

JUSTICE NELSON