Police v Moananu [2015] WSSC 229 (20 April 2015)

IN THE SUPREME COURT OF SAMOA
Police v Moananu [2015] WSSC 229

Case name:	Police v Moananu
Citation:	[2015] WSSC 229
Decision date:	20 April 2015
Parties:	POLICE (Prosecution) SANELE MOANANU @ KATIE MOANANU, male of Foaluga Savaii. (Defendant)
Hearing date(s):	-
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	An appropriate term would be 3 additional months in prison I reduce that to 2 months because of your guilty plea and because you and your friend have kissed and made up. Ae tuli eseese lou 2 masina ma lou faasalaga lea e tuli i le taimi nei Sanele.
Representation:	O Tagaloa and F Ioane 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:

POLICE
Prosecution

AND:

SANELE MOANANU @ KATIE MOANANU, male of Foaluga Savaii.
Defendant

Counsel: O Tagaloa and F Ioane for prosecution
Defendant unrepresented

Sentence: 20 April 2015

SENTENCE

1. The defendant has pleaded guilty to causing actual bodily harm to another inmate of Tafaigata Prison. The defendant is presently serving a term of imprisonment for offences of dishonesty. The person whom he assaulted was his cell mate. The police summary of facts which the defendant accepted this morning says he is 43 years of old from Foaluga Savaii.
2. On the date of this incident 16 October 2014 the defendant and complainant were residents of cell block number 14. The defendant was outside the cell block doing gardening work with other inmates. At the time the complainant was inside the cell block claiming he was not feeling well. The defendant called to him to come out and do work like the other inmates. Complainant objected and walked to the entrance of the cell block and said to the defendant “vaai e pagota oe pagota a’u, e tasi le tagata tatou te faalogo iai na o leoleo.” This led to an exchange of words between the defendant and the complainant and the defendant walked into cell block 14 and assaulted the complainant.
3. The police summary of facts says despite being asked to stop by the complainant the victim punched him in the face and kicked him in the chest while he was down. This assault caused the victims head to hit the concrete wall and produced a laceration. A medical report of the complainant notes he had a laceration to his left eyebrow; contusions at the jaw; painful wrist and other miscellaneous lacerations. Treatment prescribed by the doctor was panadol and antibiotics. Doctors report indicates the complainants injuries were serious but not life threatening and I note no stitches were required.
4. The maximum penalty for this offence Sanele is 7 years in prison. The prosecution are suggesting that I start sentencing at 9 months in prison. I consider that is too high in the circumstances of this matter. But prison time is required Sanele because your offending occurred while you were in prison. The law cannot allow prisoners going around for whatever reason assaulting other prisoners. You must also learn Sanele to control your temper.
5. An appropriate term would be 3 additional months in prison I reduce that to 2 months because of your guilty plea and because you and your friend have kissed and made up. Ae tuli eseese lou 2 masina ma lou faasalaga lea e tuli i le taimi nei Sanele.
   

JUSTICE NELSON