Police v Sene [2015] WSSC 134 (30 January 2015)

IN THE SUPREME COURT OF SAMOA
Police v Sene [2015] WSSC 134

Case name:	Police v Sene
Citation:	[2015] WSSC 134
Decision date:	30 January 2015
Parties:	The Police (Prosecution) Faataui Lemalu Sene, male of Gagaifo Lefaga (Defendant)
Hearing date(s):	-
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Courthouse, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	Mo le mataupu lenei ma le solitulafono o lou fa’ao’olima i le tina o le aiga fa’amaonia lau solitulafono e 12 masina o le a e nofo sala ai i le toese. Mo leisi moliaga o le umia o se aupega matautia fa’amaonia lau solitulafono e 6 masina e te nofo sala ai i le toese ae tuli fa’atasi ia fa’asalga ia e lua. O lona uiga e 12 masina le aofai o le taimi e te nofo sala ai mo le mataupu lenei
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:

THE POLICE
Prosecution

AND:

FAATAUI LEMALU SENE, male of Gagaifo Lefaga.
Defendant

Counsel: O Tagaloa for prosecution
Defendant unrepresented

Sentence: 30 January 2015

SENTENCE

1. The defendant has pleaded guilty to two charges, one of causing injury to the complainant and one of being armed with a dangerous weapon namely an axe handle. The police summary of facts which the defendant has admitted says that he is a 31 year old married male of Gagaifo Lefaga. The victim is his wife a 27 year old married female of Fusi Safata and Gagaifo Lefaga.
2. According to the summary of facts the couple have no children. But it would appear the defendant stays at home and looks after an elderly father from the proceeds of his plantation. The father in fact appeared the last time this was called and pleaded for leniency on behalf of his son. There were also others who put in a similar plea for the defendant.
3. On Sunday the 16^th of November in the morning the defendant prepared toonai to deliver to the faifeau. He instructed his wife to deliver the faifeau’s umu. For reasons not apparent from what is before the court the wife seemed reluctant to do this. Caused the defendant to have words with her.
4. The victim went for a shower and when she came out the defendant according to the police summary of facts assaulted her by punching. She fell down and the defendant kicked her while she was on the ground. Not content with that the defendant grabbed the axe handle and hit her on the head. The victim sustained injuries to her heard and ear and bruising to her body.
5. The commotion attracted the attention of neighbours. One of them came and helped the victim and led her away. Family members returned from church and took the victim to Leulumoega-tuai Hospital where she received medical attention. Medical report from the Leulumoega Hospital indicates she needed twelve stitches to her ear. Subsequently the wound became septic and she was re-admitted to hospital two days later for further treatment. She also received some internal damage to the ear which is not surprising considering she was hit with an axe handle.
6. This is a case of domestic violence offending. Involving the use of a weapon by a husband on a wife, in this case the handle of an axe. We are all familiar with what an axe handle is and how lethal a weapon it can be. The days when our society and social system tolerated domestic violence offending and husbands beating their wife are days long gone. Nowadays such behaviour is not acceptable and not tolerated by the law. Especially in a case where a weapon is used causing significant injury to a wife. In such cases deterrent sentences of imprisonment are usually given out by the courts to bring home the message to the defendant offender and also to others that if you do this to your partner it is likely you will go to prison.
7. There is no reason why your case should be treated exceptionally. The courts message must be clear and unequivocal. Imprisonment is necessary and appropriate because of your use of a weapon to cause serious injury to your partner. The maximum penalty Faataui under the law for this sort of offending is 7 years in prison.
8. However considering all the circumstances of your case I will start sentence at 3 years in prison. But there are deductions that should be made to that sentence to reflect the mitigating factors. Firstly for your guilty plea one quarter of sentence is deducted that is a period of 9 months, leaves a balance of 27 months. I have read your pre-sentence report it is a good report. You have a good background, you are a first offender and there are many references submitted on your behalf including one from your pulenuu. For those matters I deduct 6 months leaves 21 months. You have reconciled with your wife, she appeared and indicated last time this matter was called that your differences are resolved. I regret that your imprisonment will affect her but that is unavoidable. But for your reconciliation I will deduct 3 months from the balance of your term leaves 18 months in prison.
9. I am also told by the pre-sentence report you have been banished from your village, for that I deduct a further 6 moths leaves a balance of 12 months. E leai nisi faamama avega e mafai ona tuu atu mo lau susuga Faataui. Mo le mataupu lenei ma le solitulafono o lou fa’ao’olima i le tina o le aiga fa’amaonia lau solitulafono e 12 masina o le a e nofo sala ai i le toese. Mo leisi moliaga o le umia o se aupega matautia fa’amaonia lau solitulafono e 6 masina e te nofo sala ai i le toese ae tuli fa’atasi ia fa’asalga ia e lua. O lona uiga e 12 masina le aofai o le taimi e te nofo sala ai mo le mataupu lenei. Fa’afetai ua maea.
   

JUSTICE NELSON