Police v Leafa [2014] WSSC 99 (28 January 2014)

IN THE SUPREME COURT OF SAMOA
Police v Leafa [2014] WSSC 99

Case name:	Police v Leafa
Citation:	[2014] WSSC 99
Decision date:	28 January 2014
Parties:	The Police (Prosecution) Masei Leafa, male of Malie (Defendant)
Hearing date(s):
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Courthouse, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	Convicted and imprisoned for a period of 3 years.
Representation:	F Lagaaia and G Nelson for prosecution Unrepresented
Catchwords:	Causing Actual bodily harm – victim impact report – habitual drunkard - imprisonment term
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

THE POLICE
Prosecution

AND:

MASEI LEAFA, male of Malie.
Defendant

Counsel: F Lagaaia and G Nelson for prosecution
Defendant unrepresented

Sentence: 28 January 2014

SENTENCE

1. The defendant has pleaded guilty to a charge of causing actual bodily harm to his sister. The defendant is a 54 year old male of Malie. He has according to his probation report a wife and family but they are separated. He lives at home with his sister and mother. His sister is a married woman with three children.
2. The police summary of facts which the defendant has admitted says that on the evening of Saturday 14 December 2013 the defendant came home intoxicated. The mother and sister were in a mosquito net getting ready to go to bed. He had an altercation with his mother, during the course of which he swore at her. He grabbed a tin cup and threw it at his mother. Not content with that he went and fetched a machete and said to his mother “ua ou malie o le a ou falepuipui ae o le a ou faasiokia oe”.
3. The sister intervened against what was obviously a pending faalavelave. The defendant switched his attention to her. He chased her around the house with the machete. And at one stage the sister fell to the ground. The defendant reached her and struck her with a machete. She put her hand up to ward off the blow causing a wound to her left palm which required five stitches. Fortunately bystanders intervened and stopped the defendant from doing anything further.
4. This sort of behaviour is completely unacceptable. The defendant blames his intoxication. But Masei is old enough to know that drunkenness is no excuse for this sort of conduct. If a person chooses of his own free will to drink then he must act properly and responsibly. If you cannot do that leave the booze alone.
5. The defendant is no stranger to this kind of behaviour. The victim impact report indicates that he is a habitual drunkard. He makes trouble in the family who are afraid of him. His behaviour towards his own mother shows the kind of man he is. In addition Masei has a previous conviction for actual bodily harm. On that occasion he was fined by the court. He was given a chance to learn a valuable lesson. He has failed to make use of that chance.
6. The offence that the defendant has committed carries a maximum penalty of 7 years in prison. The defendant used a weapon to cause a serious injury, an injury to his own sister. That is not only wrong in law it is a grievous offence under our custom. Imprisonment is a quite appropriate penalty to teach this defendant a lesson and to send a message to the public that if you behave like this, this is likely what will happen to you.
7. An appropriate start point for your matter is 4 years in prison. That is upgraded to 5 years because of your record and previous conviction. But you are entitled to certain deductions which I will now make. Firstly for your guilty plea I will deduct one-third of that term a period of 20 months leaves a balance of 40 months. That is because your guilty plea has saved the courts and everyone time.
8. Normally a defendant is also given credit for a reconciliation or an apology. There is a letter on file from your sister saying that you have apologised and she has forgiven you. But she told the Attorney Generals office that she wrote that at your request and because she was afraid of you. In those circumstances I cannot give that apology letter any weight.
9. You are however entitled to some deduction for your previous good record of service to your family and for that I will reduce the penalty by a period of 4 months. Leaves a balance of 36 months. There are no other deductions you are entitled to in respect of mitigation of sentence.
10. In respect of this offence you will be convicted and imprisoned for a period of 3 years.

JUSTICE NELSON