Police v Tapuala [2014] WSSC 177 (3 October 2014)

IN THE SUPREME COURT OF SAMOA
Police v Tapuala [2014] WSSC 177

Case name:	Police v Tapuala
Citation:	[2014] WSSC 177
Decision date:	03 October 2014
Parties:	POLICE (Prosecution) SIAOSI TAPUALA male of Satapuala. (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:	In respect of the charge of grievous bodily injury you will be convicted and sentenced to 3 years in prison. Remand in custody time awaiting sentence is to be deducted. In respect of the next charge of causing injury. This represents the grazing wound to the victims right leg inflicted in the course of your struggle with him for the gun. However no serious injury resulted. Discounting for mitigating factors convicted and sentenced to 6 months in prison, concurrent to your other term. In respect of the third charge of using a firearm to commit a crime that has a maximum penalty of 5 years in prison. Everyone needs to understand that the use of a firearm against another human being almost guarantees you jail time. Deterrent sentences for such offending are necessary and quite appropriate. And your use of the weapon here was quite calculated and intentional. You went and got the gun and returned to the scene looking for the victim. Armed with that weapon you confronted him and shot him. The only smart thing you did is you shot him in the leg rather than anywhere else. But that is still a serious offence, 4 years start point is warranted. I deduct 12 months for your guilty plea. For the other factors I have already given you credit for the primary charge. For that charge convicted and sentenced to 3 years in prison concurrent term. The final charge of possession of an unlawful weapon namely a pistol carries a 1 year maximum. Convicted and sentenced to 6 months in prison again concurrent term. It means your total term Siaosi for these matters is 3 years less remand in custody time. The pistol in question is ordered to be forfeited to the police and is to be destroyed.
Representation:	L Sio and L Tavita for prosecution Defendant unrepresented
Catchwords:	grievous bodily injury – causing injury.
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

SIAOSI TAPUALA male of Satapuala.
Defendant

Counsel: L Sio and L Tavita for prosecution
Defendant unrepresented

Sentence: 03 October 2014

SENTENCE

1. Siaosi appears for sentence on four charges; causing grievous bodily harm, causing injury, using a firearm to commit a crime and possession of an unlawful weapon. He has pleaded guilty to all charges. The police summary of facts which he has admitted says he is a 19 year old single male of Satapuala stays at home and tausi aiga. The victim is a 23 year old male of his village also stays at home and tausi aiga.
2. The police summary of facts indicates that on Monday, 04 August 2014 at about 5:00 pm these two men go into an argument involving the purchase of some illegal narcotics. The defendant told the victim “faatali atu iina sei ou alu e fai le faatau o’u sau ai.” The defendant left and then returned and called out to the victim “e ke ulavale.” The victim responded yes and the defendant pulled out a .22 pistol from his army shirt and aimed it at the victims head. Further words were exchanged and the defendant then fired two shots at the victims left leg. The victim punched the defendant on the jaw and the two men began wrestling for control of the gun. The gun went off for the third time and this shot grazed the victims right leg. The defendant fled the scene and the victim was taken to hospital by relatives.
3. This is not Siaosi’s first court appearance. He has a previous conviction for similar offending in 2012. His previous conviction record indicates he was jailed for 12 months for that matter which indicates that was also serious offending. Siaosi has failed to learn from that previous experience and has now reoffended using a firearm. Because of that it is unavoidable that he must be sent back to prison. But I do take into account his mothers plea for leniency this morning and the fact that an ifoga and a village penalty has been attended to.
4. Firstly the main charge of causing grievous bodily injury representing the two bullet wounds to the victims left leg. The maximum penalty for the offence is 10 years in prison Siaosi. Because an unlawful weapon was involved and because of your previous conviction an appropriate start point for sentence is 6 years in prison. From that you are entitled to certain deduction the first being for your guilty plea. That has saved the courts time and resources and shows you are remorseful. I deduct a quarter of your sentence to reflect that. Leaves a balance of 54 months in prison. For the ifoga and the reconciliation which has been confirmed by the probation office I deduct a further 6 months of your sentence leaves a balance of 48 months.
5. In respect of the village penalty that was imposed and paid by your family I deduct a further 6 months from your term leaves a balance of 42 months. You are still a young man you are only 19 years of age and I also wish to give credit to your mother for her petition to the court. For those matter I will deduct a further 6 months from your sentence leaves a balance of 3 years in prison.
6. In respect of the charge of grievous bodily injury you will be convicted and sentenced to 3 years in prison. Remand in custody time awaiting sentence is to be deducted.
7. In respect of the next charge of causing injury. This represents the grazing wound to the victims right leg inflicted in the course of your struggle with him for the gun. However no serious injury resulted. Discounting for mitigating factors convicted and sentenced to 6 months in prison, concurrent to your other term.
8. In respect of the third charge of using a firearm to commit a crime that has a maximum penalty of 5 years in prison. Everyone needs to understand that the use of a firearm against another human being almost guarantees you jail time. Deterrent sentences for such offending are necessary and quite appropriate. And your use of the weapon here was quite calculated and intentional. You went and got the gun and returned to the scene looking for the victim. Armed with that weapon you confronted him and shot him. The only smart thing you did is you shot him in the leg rather than anywhere else. But that is still a serious offence, 4 years start point is warranted. I deduct 12 months for your guilty plea. For the other factors I have already given you credit for the primary charge.
9. For that charge convicted and sentenced to 3 years in prison concurrent term.
10. The final charge of possession of an unlawful weapon namely a pistol carries a 1 year maximum. Convicted and sentenced to 6 months in prison again concurrent term.
11. It means your total term Siaosi for these matters is 3 years less remand in custody time. The pistol in question is ordered to be forfeited to the police and is to be destroyed.
    

JUSTICE NELSON