Police v Tapualanuu [2015] WSSC 152 (19 June 2015)

IN THE SUPREME COURT OF SAMOA
Police v Tapualanuu [2015] WSSC 152

Case name:	Police v Tapualanuu
Citation:	[2015] WSSC 152
Decision date:	19 June 2015
Parties:	The Police (Prosecution) Terry Tapualanuu, male of Satapuala. (Defendant)
Hearing date(s):	-
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Courthouse, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	Convicted and sentenced to 4 years in prison. Because that is separate offending to your drug offence for which you are currently serving a term of imprisonment that term is to be served cumulatively.
Representation:	F Lagaaia and Ms Amosa 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:

TERRY TAPUALANUU, male of Satapuala.
Defendant

Counsel: F Lagaaia and Ms Amosa for prosecution
Defendant unrepresented

Sentence: 19 June 2015

SENTENCE

1. The defendant has pleaded guilty to a charge of causing grievous bodily harm to the complainant on 20 January 2015 at Satapuala. Defendant is a 30 year old married male of Satapuala. The victim is his 26 year old single cousin. The police summary of facts which he admitted this morning said that on Tuesday, 20 January at about 2:00 o’clock in the morning the defendant, victim and other boys of the village were at a drinking party. Defendant was intoxicated.
2. The victim left the party to go home and the defendant formed the misapprehension that the victim was going to steal properties from his mothers house. The defendant said he thought this because this has happened before. He followed the victim and entered the victims house as the victim was about to go to sleep. He saw a machete by the front of the victims bed, picked up the machete and swung it at the victim. The victim put up his left hand to defend himself resulting in the knife striking the victims left fingers amputating all his fingers except for the thumb and part of the index finger. The victim cried out causing the defendant to run away. The victim was taken to the hospital by his family.
3. As a result of this attack the victim has permanently lost almost four fingers of his left hand. I have viewed the victims injury this morning and it is clear the hand is grossly deformed and that use of the hand would be severely restricted.
4. There is no doubting the seriousness of this incident and its consequences. People who use weapons to inflict injuries of this nature on other people should expect to go to jail. The fact this defendant was under the influence of alcohol does not save him. I also note the defendant is no stranger to the court arena he has previous convictions for offences of violence in 2007 and 2011. The penalty in the case must reflect the seriousness of the offending.
5. This was a violent attack where you used a machete on an unarmed person in his house while he was getting ready to go to sleep. The maximum penalty Terry for this kind of offending is 10 years in prison. But in the circumstances I will start sentence at 5 years in prison. That must be uplifted to 5½ years because of your previous convictions.
6. I will deduct 6 months for what the victim told me this morning. Leaves a balance of 5 years in prison. I will deduct one year for your guilty plea which has saved some time but noting that you did challenge the summary of facts. A challenge which you withdrew this morning. That leaves 4 years in prison. You are not a first offender there has been no village council penalty. So I cannot give you credit for those matters.
7. No other deductions can be made from your sentence for this charge convicted and sentenced to 4 years in prison. Because that is separate offending to your drug offence for which you are currently serving a term of imprisonment that term is to be served cumulatively.
   

JUSTICE NELSON