Police v Taua [2015] WSSC 73 (11 August 2015)

SUPREME COURT OF SAMOA
Police v Taua and Sofeni [2015] WSSC 73

Case name:	Police v Taua and Sofeni
Citation:	[2015] WSSC 73
Decision date:	11 August 2015
Parties:	POLICE (prosecution) v LAASAGA TAUA and WESLEY SOFENI both males of Tufulele (accused)
Hearing date(s):
File number(s):	S2056/15-S2063/15
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Chief Justice Sapolu
On appeal from:
Order:	- Both accused are convicted and sentenced to 4 months imprisonment. Any time the accused have already spent in custody is further deducted from his sentence.
Representation:	L Sua-Mailo for prosecution Accused in person
Catchwords:	International damage – found drunk in public places – behaviour with intent to provoke a breach of the peace – common assault – maximum penalty – victim impact report – mitigating features – aggravating features – guilty pleas – sentence
Words and phrases:
Legislation cited:	Crimes Act 2013, s.184 (2) (a), s123 Police Offences Ordinance 1961,s.16 (a)
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

FILE NOs: S2056/15-S2063/15
BETWEEN

P O L I C E
Prosecution

A N D

LAASAGA TAUA and WESLEY SOFENI both males of Tufulele.
Accused

Counsel:
L Sua-Mailo for prosecution
Accused in person

Sentence: 11 August 2015

S E N T E N C E

The charges

1. The accused Laasaga Taua (Laasaga) appears for sentence on one charge of intentional damage to property, contrary to s.184 (2) (a) of the Crimes Act 2013, which carries a maximum penalty of 7 years imprisonment, and one charge of being found drunk in a public place, contrary to s.16 (a) of the Police Offences Ordinance 1961, which carries a maximum penalty of 3 months imprisonment.
2. The accused Wesley Sofeni (Wesley) appears for sentence on one charge of causing intentional damage to property, contrary to s.184 (2) (a) of the Crimes Act 2013, which carries a maximum penalty of 7 years imprisonment, one charge of being found drunk in public place, contrary to s.16 (a) of the Police Offences Ordinance 1961, which carries a maximum penalty of 3 months imprisonment, and one charge of using behaviour with intent to provoke a breach of the peace, contrary to s.4 (g) of the Ordinance, which carries a maximum penalty of 3 months imprisonment.
3. Both accused also appear for sentence on one joint charge of common assault, contrary to s.123 of the Crimes Act 2013, which carries a maximum penalty of one year imprisonment. To all these charges, both accused pleaded guilty at the earliest opportunity.

The offending

4. On Wednesday afternoon 27 May 2015, a bus of the Sun Rise company was travelling from Apia to Tufulele when it was stopped by the accused at Vaitele. The accused were intoxicated and the bus was full of passengers.
5. When the bus reached Saleimoa, the accused started pulling the bus bell but when the bus stopped they did not get off the bus. They did this four times. This must have been annoying and a nuisance to the bus driver and the other passengers on the bus.
6. The bus driver then instructed the cargo attendant of the bus to check who was playing with the bell of the bus. When the cargo attendant came to the accused, a matai of Tufulele was arguing with the accused for their cheeky and disrespectful behaviour on the bus. When the bus arrived at Tufulele, the cargo attendant asked the accused to leave the bus as everyone on the bus was not happy with them. The accused Laasaga then punched the cargo attendant on the mouth and pulled his shirt. The cargo attendant then tried to defend himself but the accused Wesley also punched him. Some of the passengers on the bus promptly intervened and stopped the accused from further assaulting the cargo attendant. At that time, the bus had stopped and a passenger on the bus had already called the Afega police about the accused being a nuisance on the bus.
7. The accused Laasaga then walked out of the bus and grabbed and broke off one plastic bo valued at $400 and one horse statue valued at $500 attached to the bonnet of the bus. At the same time, the accused Wesley came out of the bus and placed a large breadfruit tree branch on the road to prevent the bus on its return trip to Apia.
8. At that time, the Afega police arrived and found the large breadfruit tree branch on the road and their vehicle was blocked. As the police were questioning some of the people on the scene, the accused Wesley threw a rock which damaged the roof of the police vehicle. The cost of the damage is $1,000. The police then apprehended the accused Laasaga and brought him to the Afega police post but the accused Wesley had run away. Subsequently, the police were able to find Wesley and also brought him to the Afega police post.

The accused Laasaga Taua

9. As shown from the pre-sentence report on the accused Laasaga, he is a 20 year old male of Tufulele. He finished school at Year 12. After leaving school, he found paid employment for 3 months. He then stayed home at Tufulele and worked on his own vegetable farm.
10. According to what Laasaga told the probation service, on the day of this offending, he and his co-accused Wesley had started drinking a large bottle of vodka at about 9:00am. When they finished their bottle of vodka around 12 noon, they came by bus to Vaitele to buy a cash power at the Electric Power Corporation. It was the same bus in which they returned home to Tufulele later in the afternoon.
11. Laasaga also told the probation service that he had already apologised to the victim and his family. This is probably the cargo attendant of the bus in which the accused returned to Tufulele. However, the victim told the probation service that Laasaga never showed up to reconcile this matter.
12. Laasaga is a first offender. He has good character testimonials provided by his mother and the pulenuu of his village.

The accused Wesley Sofeni

13. According to Wesley’s pre-sentence report, he is a 19 year old male of Tufulele. He left school at Year 12 and helped his mother with their vegetable farm at Tufulele as his father passed away. When his mother re-married, he stayed with his paternal uncle at Tufulele.
14. Wesley also told the probation service that on the day of this offending, he started drinking a large bottle of vodka with his co-accused Laasaga at about 9:00am. When they finished drinking around 12 noon, they came by bus to Vaitele to buy cash power at the Electric Power Corporation. They returned home in the same bus later in the afternoon.
15. Wesley is a first offender and there are good character testimonials from the wife of his uncle and the pulenuu of his village.

Victim impact report on bus owner

16. According to the victim impact report, as a consequence of this incident, the bus in question no longer serves the route from Apia to Tufulele and back. The company that owns the bus has also had to spend money to repair the damage to the bus.

The aggravating features relating to the offending

(a) Extent of the offending

17. The extent of the offending is an aggravating feature relating to the offending. The behaviour of the accused of pulling the bus bell four times when the bus reached Saleimoa and the bus stopped without the accused leaving the bus was a nuisance to the bus driver and the other passengers on the bus. When the cargo attendant asked the accused to leave the bus at Tufulele, they assaulted the cargo attendant. Only the intervention by other passengers prevented any further assault on the cargo attendant. When the accused Laasaga walked out of the bus, he grabbed and broke off the plastic bo and the horse statue attached to the bonnet of the bus. On the other hand, the accused Wesley left the bus and placed a large breadfruit tree branch on the road to prevent the bus on its return trip to Apia. And when Afega police arrived at the scene, Wesley threw a rock which damaged the roof of the police vehicle.

(b) Place of offending

18. This offending was committed partly on the bus full of passengers and partly on a public road. This is also an aggravating feature relating to the offending.

(c) Impact of offending

19. As a consequence of this offending, the bus owner has discontinued the service of its bus on the Apia-Tufulele-Apia route. The total value to repair the damage to the bus is $900. The value of the damage to the police vehicle is $1,000. All of this is another aggravating feature relating to the offending.

The mitigating features relating to the accused as offender

(a) Personal circumstances of accused

20. The personal circumstances of the accused set out in the pre-sentence report including their character testimonials are a mitigating feature relating to each of them as offender.

(b) Young age of offenders

21. The relatively young age of each accused is a mitigating feature relating to them as offenders.

(c) Guilty pleas

22. The guilty pleas by the accused at the earliest opportunity is an important mitigating feature personal to each of them as offender.

Discussion

23. Having regard to the need for deterrence for this type of offending and the aggravating features relating to the offending, I have decided to take 7 months as the starting point for sentence as recommended by the prosecution. I will deduct one month for the relatively young age of the accused and their personal circumstances. That leaves 6 months. I will further deduct 1/3 or 2 months for the early guilty pleas. That leaves 4 months.

Result

(a) The accused Laasaga Taua

24. On the charge of intentional damage to property, the accused Laasaga is convicted and sentenced to 4 months imprisonment.
25. On the charge of being found drunk in a public place, he is convicted and sentenced to one month imprisonment.
26. On the joint charge of common assault, he is convicted and sentenced to 3 months imprisonmen.
27. All sentences to be concurrent.

(b) The accused Wesley Sofeni

28. On the charge of intentional damage to property, the accused Wesley is convicted and sentenced to 4 months imprisonment.
29. On the charge of being found drunk in a public place, he is convicted and sentenced to one month imprisonment.
30. On the charge of using behaviour with intent to provoke a breach of the peace, he is also convicted and sentenced to one month imprisonment.
31. On the joint charge of common assault, he is convicted and sentenced to 3 months imprisonment.
32. All sentences to be concurrent.
33. Any time that any of the accused has already spent in custody pending the outcome of this matter is to be further deducted from his sentence.

CHIEF JUSTICE