Police v Lape [2014] WSSC 172 (23 September 2014)

IN THE SUPREME COURT OF SAMOA
Police v Lape [2014] WSSC 172

Case name:	Police v Lape
Citation:	[2014] WSSC 172
Decision date:	23 Sept 2014
Parties:	Police (Prosecution) and Faraimo Lape a.k.a Ioane Lape, male of Tufulele & Salelavalu Savaii (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 each of these charges Faraimo you will be convicted and sentenced to 6 months in prison per charge, terms to be served concurrently. Which means that for these charges you will serve 6 months in prison. But because this is a separate incident to the one involving your narcotics matter that 6 months is cumulative to your existing prison term.
Representation:	O Tagaloa and Ms Tavita for prosecution Defendant unrepresented
Catchwords:	Aggravated assault – armed with bush knife – armed with stones – throwing stones – possession – narcotics –
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

THE POLICE
Prosecution

AND:

FARAIMO LAPE also known as IOANE LAPE
male of Tufulele and Salelavalu Savaii.
Defendant

Counsel:
O Tagaloa and Ms Tavita for prosecution
Defendant unrepresented

Sentence: 23 September 2014

SENTENCE

1. Defendant appears for sentence on four charges. One count of aggravated assault, one count of armed with a bush knife, one count of being armed with stones and one count of throwing stones. The charges arise out of a police search of the premises of one the defendant’s friends for narcotics. The defendant and a co-defendant were not there at the time but came after the search had concluded and because they were displeased with what the police had done they began causing trouble.
2. The police summary of facts says the police responded in two vehicles and when they arrived at the scene in front of the house of the present defendant their vehicles were stoned by the defendant and his co-defendant. The vehicles were damaged and some police officers were injured. The police summary of facts also says the defendant was seen in possession of a bush knife.
3. The end result of the stoning was the police were forced to retreat back to Tuasivi and three police officers were taken to the hospital for treatment for injuries to their head, hands and forearm. Due to the high risk involved the police took no further action that day and the defendant was only arrested on a subsequent date, about one month later. Narcotics were found in his possession and as a result Faraimo is currently serving an 18 month term for possession of those narcotics. His co-defendant remains at large having failed to appear when their matter was called.
4. It is clear from these facts that this was an unjustified assault by the defendant and his friends on police officers attending to carry out their lawful duties. Leading to the four charges against the defendant to which he has pleaded guilty.
5. For your information Faraimo the maximum penalty for the most serious of the charges the aggravated assault is 7 years in prison. And for the other charges you have pleaded guilty to they all carry maximum penalties of 1 year in prison. So you are looking at a maximum penalty today of 10 years in prison.
6. The prosecution however in their sentencing memorandum are seeking terms of at least 6 months imprisonment for each charge. I agree that is an appropriate term for this offending taking into account you have pleaded guilty to the charges and saved the courts time and resources.
7. On each of these charges Faraimo you will be convicted and sentenced to 6 months in prison per charge, terms to be served concurrently. Which means that for these charges you will serve 6 months in prison. But because this is a separate incident to the one involving your narcotics matter that 6 months is cumulative to your existing prison term. Ua e malamalama i le fa’aiuga o lau mataupu Faraimo? (Defendant said yes).
   

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