Police v Luka [2014] WSSC 139 (9 June 2014)

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

Case name:	Police v Luka
Citation:	[2014] WSSC
Decision date:	09 June 2014
Parties:	Police (Prosecution) Ase Luka also known as Fa’amalele Luka, female of Tuanai. (Defendant)
Hearing date(s):	-
File number(s):	S720/14
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	For the charge of grievous bodily harm you will be convicted and sentenced to 12 months in prison.
Representation:	O Tagaloa 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:

ASE LUKA also known as FA’AMALELE LUKA, female of Tuanai.
Defendant

Counsel: O Tagaloa for prosecution
Defendant unrepresented

Sentence: 09 June 2014

SENTENCE

1. This defendant has pleaded guilty to information S720/14 which states that at Faleula on the 3^rd day of February this year she caused grievous bodily harm by pouring hot cooking oil over the complainant. The police summary of facts which she has admitted says that she is a 27 year old female of Tuanai married with six children. The complainant is a 35 year old female also married with eight children, runs a canteen at a local school selling fried chips to school children.
2. At the time of the offending the complainant was 8 months pregnant. The complainant is the sister-in-law of the defendant being the wife of the defendants husbands brother. At the time of the offending the complainant and the defendant lived in the same property at Faleula but in different houses. They shared the same electrical meter.
3. The incident was a result of an argument between the defendant and the complainant over the cash power for this meter. Because it appears the defendant and her husband pay the familys cash power bill. The police summary says that on the night in question the defendant came home late at night from bingo and found that the complainant was still cooking chips. This led to some verbal argument about payment for the cash power bill resulting in the complainant striking the defendant with the ladle she was using to fry the chips with. According to the defendant this caused some oil to burn her hand leading to the defendant pulling the complainants hair and the two of them struggling and fighting. The fight was interrupted by the complainants husband who separated the women. But because the defendant was still angry she grabbed the pot of hot oil the complainant had been using and poured this on the victim.
4. According to the medical report of the complainants injuries this resulted in burns to firstly the left side of the head down to the cheek. From left arm to mid forearm. As well as the abdomen and the left loin area or the lower stomach area. As well as to the top part of the left leg. This caused the complainant to lose consciousness but it appears from the documents before the court that she did not go to the hospital until one week later after treatment of her injuries at home. She only went to hospital because her injuries deteriorated. Her victim impact says that she suffered from these injuries for about a month. And they were especially painful during the first week. It also affected her ability to do her normal chores as well as look after her children.
5. The victim impact report confirms that the defendant has apologised to her and her husband and they have accepted the apology. The complainant has written a letter to the court which is attached to the probation office pre-sentence report confirming this and asking for her complaint to be withdrawn. The answer to the complainants application is the matter cannot be withdrawn because it is very serious. But the court does take into account what she has told me about the reconciliation and the fact that she has forgiven her sister-in-law for what she did.
6. For your information Fa’amalele the maximum penalty for the offence you have pleaded guilty to is 10 years in prison. The seriousness of the injuries you caused plus the fact that you used a weapon namely a pot of hot oil leading to permanent scaring and serious injuries means an imprisonment penalty cannot be avoided. The message to you and to others is you cannot behave like this even if you are provoked to anger by what people do. However I will take into account the circumstances of your matter and who started this fight.
7. An appropriate start point for your matter is 4 years in prison. For your guilty plea I will deduct one-quarter of the term namely one year leaves a balance of 3 years in prison. For the fact that you have a good background of service to your aiga and also to your nuu and ekalesia as confirmed by the various references from your and pulenuu plus your clean record I will deduct 6 months leaves a balance of 2½ years. For the fact that you have apologized, the matter has been reconciled and the complainant has accepted fully your apology I will deduct a further 6 months leaves 2 years in prison. As noted the complainant started this fight and no doubt this exchange provoked you into doing what you did. Because of that I will half the remaining term reducing your imprisonment time to 12 months in prison. For the charge of grievous bodily harm you will be convicted and sentenced to 12 months in prison.
8. O loo iai ma leisi moliaga lea e aumai e le ofisa o leoleo e fa’asaga ia oe i le mataupu lava lea. Ona o le moliaga lena e le telē se ese’esega ma le moliaga lea ua mae’a ona lau atu le fa’aiuga ua fa’aleaogaina e le fa’amasinoga le moliaga fou lena na tu’u mai e le ofisa o leoleo. O lona uiga e tasi le moliaga fa’asaga ia oe, 12 masina e te nofo sala ai i le fale puipui mo le mataupu lenei.
   

JUSTICE NELSON