Police v Alofaa'e [2015] WSSC 180 (26 October 2015)

IN THE SUPREME COURT OF SAMOA
Police v Alofaa’e [2015] WSSC 180

Case name:	Police v Alofaa’e
Citation:	[2015] WSSC 180
Decision date:	26 October 2015
Parties:	Police (prosecution) and Fa’e Vilitoa Asoiva Alofaa’e, male of Falese’ela Lefaga (defendant)
Hearing date(s):	7 September 2015
File number(s):	S3838/14, S3839/14, S3501/14
Jurisdiction:	Criminal
Place of delivery:	Supreme Court, Mulinuu
Judge(s):	Justice Vaai
On appeal from:
Order:	For the offence of attempted murder he will serve 8 years imprisonment less any period he spent in custody. For the offences of causing grievous bodily harm and armed with a dangerous weapon, they were offences committed at the same time he committed the attempted murder, and he will therefore be convicted and discharged on those two charges.
Representation:	F Lagaaia for prosecution Unrepresented
Catchwords:	Attempted murder – causing grievous bodily harm – armed with dangerous weapon – mitigating features
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

FA’E VILITOA ASOIVA ALOFAA’E male of Falese’ela Lefaga
Defendant

Counsel:
F Lagaaia for prosecution
Unrepresented
Sentence: 26 October 2015

S E N T E N C E

1. The defendant appears for sentence on the charges of attempted murder, causing grievous bodily harm and armed with a dangerous weapon.
2. These offences arose out of an incident after the defendant, the victim and another person had sold their taros at the Apia market and were returning home. On their way back to Falease’ela Lefaga, they bought spirits and beer. They went to the home of the defendant where they started drinking.
3. For reasons unknown the defendant became angry and started to assault the victim. That victim ran away to avoid further assaults from the defendant but the defendant decided to give chase. He caught up with the victim. He then struck the victim with the machete. The strike struck the victim on the forehead. The victim fell to the ground and the defendant delivered a second blow towards the head of the victim. To defend himself, the victim put up his left hand and as a result four of his fingers were completely severed by the blow from the defendant’s knife. The victim managed to stand up and ran away but he only ran for about 100 meters when he fell down, and the defendant who was chasing him caught up and started slashing the victim with the bush knife. It was the intervention by a third party that the victim’s life was saved.
4. As a result of the injuries suffered by the victim, he was hospitalised for several days. It is the aggravating features of the assault which led the prosecution to suggest that a term of 9 years imprisonment should be considered. The worst aggravating factors are the use of a very dangerous weapon namely a machete as well as the very serious injuries suffered by the victim.
5. As a result of the offending there has been a complete loss use of the victim’s left hand due to the severance of the four fingers. As a farmer and fisherman, the victim who is only 28 years of age, has been handicapped in his effort to make a living through his missing fingers.
6. The victim has been very fortunate that despite the prolonged attack by the defendant no life threatening injuries were inflicted. At the same time I can also say it is very fortunate for the defendant that the victim did not lose his life as a result of the attack.
7. The defendant is 45 years of age, he has managed his journey through life as a hardworking and law binding member of the community.
8. He and the victim were very obviously hardworking people as they have spent at least 2 days at the market selling their taros before the day of the incident. As a result of his offending the defendant has been banished from the village, fines imposed, and his family has performed a traditional apology to the father of the victim.
9. Given the circumstances of the offending, I will adopt 11 years as a starting point for the offence of attempted murder. For the traditional apology and the village fine I will deduct 2 years. For his remorse and his impeccable good record, I will deduct another 1 year. For the offence of attempted murder he will serve 8 years imprisonment less any period he spent in custody. For the offences of causing grievous bodily harm and armed with a dangerous weapon, they were offences committed at the same time he committed the attempted murder, and he will therefore be convicted and discharged on those two charges.

JUSTICE VAAI