Police v Paleaae [2015] WSSC 203 (25 November 2015)

IN THE SUPREME COURT OF SAMOA
Police v Paleaae [2015] WSSC 203

Case name:	Police v Paleaae
Citation:	[2015] WSSC 203
Decision date:	25 November 2015
Parties:	Police (informant) v Ieti Paleaae, male of Saoluafata & Mulinuu
Hearing date(s):
File number(s):
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Tuatagaloa
On appeal from:
Order:	The accused will serve 10 months’ imprisonment.
Representation:	Ms Tavita & Ms Ioane for the Prosecution Defendant appears in Person
Catchwords:	Assault – armed with a dangerous weapon (stick) – causing actual bodily harm –teacher assaulting students –
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

AND:

IETI PALEAAE,
male of Saoluafata & Luatuanuu
Defendant

Counsel:
Ms Tavita & Ms Ioane for the Prosecution
Defendant appears in Person

Date: 20 November 2015

SENTENCE OF JUSTICE TUATAGALOA

The charge:

1. The accused is appearing for sentencing on three charges involving two (2) victims. The accused is a Vice Principal and the two (2) victims are students at Aana College.

Tutoatasi Gasologa:

2. The accused has pleaded guilty to the charges of assault and armed with a dangerous weapon namely a stick against the victim, Tutoatasi Gasologa, a 14 year old male student.
3. The penalty for the offence of assault is imprisonment term of not more than 12 months’ imprisonment likewise the penalty for the offence of armed with a dangerous weapon the stick, is also not more than 12 months’ imprisonment.

Lina Fereti:

4. The accused has also pleaded guilty to the charge of actual bodily harm against the victim Lina Fereti, a 16 year old female student.
5. This offence carries the maximum penalty of not more than seven years’ imprisonment.

The offending:

6. The summary of facts has been read out and you have confirmed it with a few variations.
7. On 25 August 2015, the victim, male student Tutoatasi Gasologa went to the Principal’s office to report his form teacher hitting him twice with a stick but the form teach took him to the Vice Principal (the accused) instead.
8. According to the summary of facts the accused asked the victim whether he had been talking in class and the victim responded that he only told the form teacher that he was going to report her to the Principal.
9. The accused then used a stick and repeatedly hit the victim’s left hand with it until it became battered and swollen.
10. The accused did not stop there and instead saw a plastic ball in the victim’s pocket, had the victim placed it on his head and then hit his head together with the ball twice using the stick.
11. The accused then had the victim place the ball against his right cheek and then hit his cheek together with the ball.
12. The victim was then told by the accused to kneel and pray which the victim did. It did not stop there instead the accused then used two sticks and beat the victim on both shoulders while still kneeling.
13. The victim Tutoatasi Gasologa sustained bruises and a broken arm.
14. The next day, 26 August 2015 the accused walked past a classroom and saw the female student Lina Fereti (second victim) fighting with another female student.
15. The accused made them stop, stood them in front of the class and then proceeded to assault Lina Fereti by:
    • Slapping her three times on the mouth which one of the slaps caused the victim’s face to hit the blackboard;
    • Used a broken steel chair and hit her on the bum twice; and
    • Again slapped her two more times.
16. From the summary of facts the accused would have continued if the students had not called out to another teacher who came in and stopped the accused.
17. The victim, Lina Fereti, sustained bruising and swelling to her left eye. She may have most likely sustained bruises on her cheeks and buttocks.

Aggravating/Mitigating features:

18. I find the following aggravating features to the accused offending on
    25 August 2015 upon Tutoatasi Gasologa as follow:
    • Use of a weapon: The accused used a stick on the victim.
    • Continuous assault: The accused did not stop at one hit but repeatedly, hit the victim’s hand with the stick; he did not stop there but then moved on to hitting the victim’s head and left cheek with the plastic ball using the stick. Again he did not stop there but moved on to hitting the victim’s shoulders with two (2) sticks while still kneeling.
    • Degrading and humiliating treatment: I find the accused continuous assault of the victim and then tell him to kneel and pray as degrading and humiliating.
    • Breach of trust: There is blatantly a breach of trust by the accused as a teacher and especially a Vice Principal and that of the victim who is a student. The parents entrusted their children with the teachers to teach or educate them and also with their safety once they are in the school compound. The parents do not expect their children to be beaten and humiliated by the teachers.
    • Injuries sustained by the victim.
19. I find that the only mitigating features are:
    • Previous good character: The accused is 50 years old and have never been before the Court.
    • Apology: I accept that the accused has made the gesture and went and apologised to Tutoatasi’s family. Although the victim Tutoatasi was not at home and only his grandmother the Court appreciate that the accused had done the right thing.
    • Early guilty pleas to which I will give a 25% discount off his sentence.
20. For the offending of actual bodily harm against student, Lina Fereti, I find the following aggravating features:
    • Use of chair: The accused used a broken steel chair to hit this female student not once but twice on the buttocks. He did not have to resort to such violent means to break up the fight.
    • Continuous assault: The accused did not slap the victim once but five times which caused her face to hit the blackboard and sustained a bruised and swollen left eye.
    • Degrading and humiliating treatment: The (accused) continuous assault of this victim in front of her class with students watching is very humiliating and degrading.
    • Injuries sustained: As a result of the continuous assault by the accused the victim sustained bruises and the words of these injuries was the bruised and swollen left eye of the accused.
21. I find the following mitigating features:
    • Previous good character.
    • Apology.
    • Early plea.

Discussion:

22. I find the circumstances of these two (2) separate offending by the accused as a Vice Principal against these two (2) students very alarming. I am very much concerned about the attitude exhibited by the accused and teachers alike with the way they treat the students and think they can get away with it. I am especially appalled that some schools continue to tolerate or condone such behaviour by the teachers.
23. The teaching profession is perhaps the most valuable service in the development of our children from an early age. It is from there that each child or young person would map out his/her future. The teachers get to play this very important role in our young people’s lives and future. They become role models for our children. Their role is to educate and inspire the students to become future leaders and role models. They don’t get or have the right to abuse their position and role as teachers by venting their anger and frustrations upon the students by humiliating and assaulting them at school.
24. The Ministry of Education has a policy against teachers assaulting students. This policy seemed to be not taken seriously as there are teachers who continue to ignore it. As such, the students are not only not in a conducive environment to learn but in an unsafe one as well.
25. In the circumstances of these two offending I consider a custodial sentence to be appropriate.

Tutoatasi Gasologa:

26. For the offence of assault against the student Tutoatasi Gasologa I consider a starting point of eight (8) months; less three (3) months for previous good character; less one (1) month for apology; less 25% for early plea (one month).
27. The accused is convicted and sentenced to three (3) months’ imprisonment.
28. For the offence of armed with a dangerous weapon of the stick that was used to assault Tutoatasi Gasologa, I have taken that as an aggravating feature of the assault. The accused is convicted and discharged of this offence.

Lina Fereti:

29. For the offence of actual bodily harm against Lina Fereti I consider a starting point of 18 months; less three (3) months for previous good character; less one (1) month for apology that will bring it to 14 months. I will have mercy for the accused long service as a teacher and deduct four (4) months, then give 25% for his early plea which is three (3) months.
30. The end sentence for the offending of actual bodily harm against female student, Lina Fereti, is seven (7) months.
31. The sentences are to be cumulative. That means the accused will serve 10 months’ imprisonment.
    

...........................................
Justice Mata Tuatagaloa