Police v Aiolupotea [2015] WSSC 190 (23 November 2015)

THE SUPREME COURT OF SAMOA
Police v Aiolupotea [2015] WSSC 190

Case name:	Police v Aiolupotea
Citation:	[2015] WSSC 190
Decision date:	23 November 2015
Parties:	Police (prosecution) and Taleni Aiolupotea, male of Fuailolo’o Mulifanua (defendant)
Hearing date(s):	-
File number(s):	S3156/15, S3157/15
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Vaai
On appeal from:
Order:	For both of these offences you are convicted and placed on Probation for 18 months. You will undergo any programme that the Probation Service will direct you to do. You are also order to do 50 hours of community work
Representation:	F Lagaaia for prosecution Unrepresented
Catchwords:	Actual Bodily Harm – Armed with dangerous weapon – influence of alcohol.
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

TALENI AIOLUPOTEA male of Fuailolo’o Mulifanua
Defendant

Counsel:
F Lagaaia for prosecution
Unrepresented

Sentence: 23 November 2015

S E N T E N C E

1. Defendant you appear for sentence on the charge of causing actual bodily harm and being armed with a dangerous weapon. On the charge of causing bodily harm, you are liable to 7 years imprisonment.
2. It seems that this incident from which these offences arose was as a result of a drinking session between yourselves, the victim and some other people. Originally you and the other third parties were angered by the behaviour of the victim who started to swear and called out loud during curfew hours at your village.
3. The Court can very well understand that the victim’s behaviour may have caused you to become angry but it did not justify the beating you executed on the victim at that time and later that same evening. The beating which was fuelled by your state of drunkenness only came to a stop when the victim’s mother intervened. Despite the beating describe in the summary of facts, it is very surprising that the only injuries which were inflicted are a black eye and some injuries to his arm and shoulder.
4. This is described in the paragraph 10 of the summary of facts that the victim sustained a black and there was also a bruise in his left arm. That indicates to the court that the injuries were not in fact serious. It is no wonder that you were only charged with causing actual bodily harm rather than grievous bodily harm.
5. I am told by the probation service that the matter has been settled between yourself and the victim and his family. This was confirmed by the father of the victim with the probation service that the matter has been reconciled. But the incident should not have occurred because obviously you and the victim were good friends and it seems that both of you cannot handle alcohol.
6. So the penalty for the court intends to impose is to assist you in trying to control the intake of your alcohol and your conduct as a result of being under the influence of alcohol.
7. For both of these offences you are convicted and placed on Probation for 18 months. You will undergo any programme that the Probation Service will direct you to do. You are also order to do 50 hours of community work.

JUSTICE VAAI