Police v Leniu [2015] WSSC 210 (14 December 2015)

IN THE SUPREME COURT OF SAMOA
Police v Fagasau LENIU [2015] WSSC 210

Case name:	Police v Fagasau LENIU
Citation:	[2015] WSSC 210
Decision date:	14 December 2015
Parties:	Police (prosecution) v Fagasau LENIU, male of Laulii (defendant)
Hearing date(s):
File number(s):
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Tuatagaloa
On appeal from:
Order:	Convicted and sentenced to 12 months suspended sentence
Representation:	Attorney General for the Prosecution Defendant appears in Person
Catchwords:	Armed with a dangerous weapon – causing bodily injuries – pre-meditation -
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

AND:

FAGASAU LENIU, male of Laulii
Defendant

Counsel:
Attorney General for the Prosecution
Defendant appears in Person

Hearing Date: 14 December 2015

SENTENCE OF JUSTICE TUATAGALOA

The charge:

1. Fagasau you are to be sentenced today after pleading guilty to two offences of armed with a dangerous weapon (a 2x4 timber) and causing actual bodily injuries to a Nigerian male named Johnson Olarewaju who resides at Tuanai on 23 October 2015. The penalties for those offences are:
   • ∗ ABH - maximum of 7 years imprisonment
   • ∗ AWDW - maximum of 1 year imprisonment

The Offending:

2. You have confirmed the summary of facts by the Prosecution that has been read out which basically says:
   • ∗ You suspected an affair between your wife and the victim. You confronted your wife about it.
   • ∗ On Friday 23 October 2015 you drove your taxi vehicle and waited outside the victim’s place of employment; Business Systems Ltd (“BSL”)
   • ∗ The victim finished and drove home to Tuanai. You followed the victim who stopped at a shop at Puipaá.
   • ∗ The victim came out of from the shop and you approached with a 2x4 timber and hit him 3 times.
     • - The first blow landed on the victims jaw;
     • - The second blow on the victim’s other jaw;
     • - The third blow on the victim’s nose.
   • ∗ The victim fell down and passersby help him and took him to the hospital.
   • ∗ The victim sustained injuries to his face;
     • - Irregular laceration along his nasal bridge;
     • - Small area of crushed tissue noted alongside the laceration;
     • - Few abrasions noted on the anterior abdominal wall.

The Accused:

3. You are a 36 year old male of Laulií, married with one child and a taxi driver. This is the first time you have appeared in court. There are various written testimonials attached to the pre-sentence report from your church, employer and mayor of your village. They all vouch that you are a hard working, humble and quiet person. There is also a letter from the victim confirming that you have personally apologised and that he asks for the matter to be withdrawn.

The Victim:

4. The victim is a 37 year old male from Nigeria working at the Business Systems Ltd and residing at Tuanaí.

Aggravating Factors:

5. The only aggravating factors are those to your offending:
   • ∗ Pre-meditation: The pre-sentence report have you say that on that morning before you left for work, you got a 2x4 timber from home and put it in the boot of your car. You then waited for the victim to finish work and waited for him outside his work and followed him home. You planned what you were going to do to the victim on this day.
   • ∗ Use of weapon: 2x4 timber
   • ∗ Vulnerability of Victim: The victim was in a vulnerable state because he was taken by surprise when you approached him and start hitting him. Secondly, you had a weapon and the victim did not have anything.
   • ∗ Repetitive or continuous attack: You did not just hit him once but you hit him 3 times and at the victim’s head and facial area which is considered a high risk area prone to very serious and life threatening injuries if sustained.

Mitigating factors:

6. I find that a mitigating factor personal to the offender was when he personally turned himself in to the police.
7. The mitigating factors to your offending are:
   • ∗ Provocation: I accept there was provocation due to the affair
   • ∗ Apology: This would have been very hard for the accused to accept by the victim who now wished to have this matter withdrawn and apologise to the man (victim) whom his wife is allegedly having an affair with.
   • ∗ Previous good character – first time appearing in court but also the written testimonials confirmed that he is of good character.
   • ∗ Early Pleas:
8. In light of everything said and circumstances of this case a non-custodial sentence is more appropriate. Actual Bodily Harm: The accused in convicted and sentenced to 12 months suspended sentence. Armed with a dangerous weapon: Charged and dismissed.
   

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