Police v Peters [2015] WSSC 75 (26 May 2015)

SUPREME COURT OF SAMOA
Police v Peters [2015] WSSC 75

Case name:	Police v Peters
Citation:	[2015] WSSC 75
Decision date:	26 May 2015
Parties:	Police (prosecution) Gus Peters, male of Vailoa Faleata (defendant)
Hearing date(s):	-
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Supreme Court, Mulinuu
Judge(s):	Justice Vaai
On appeal from:	-
Order:	Convicted and placed on Probation for 2 years on conditions that you do 100 hours community work. You will also pay compensation of $840 tala through the Probation office to the complainant. You will also pay prosecution cost of $3000 tala. The compensation and the cost will be paid by monthly installment of $500 tala, first payment will be 30th May 2015 that is next month and subsequent payments on the 30th of each month. Default in payment as stipulated you will result in 8 months imprisonment.
Representation:	L Suá-Mailo for prosecution R Papalii for defendant
Catchwords:	Resort to violence – intentional damage – armed with dangerous weapon – convicted – Probation
Words and phrases:	Anger management programme
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

AND:

GUS PETERS male of Vailoa Faleata
Defendant

Counsel:
L Su’a-Mailo for prosecution
Unrepresented

Sentence: 26 May 2015

S E N T E N C E

1. Defendant in December 2013 you were sent to prison for 18 months for offences involving violence. It appears to the court that every time you get angry you resort to violence. And the sentence to be imposed should try and curb such violent conduct when you get angry.
2. Every human being gets angry but it does not mean that every human being who gets angry should resort to violence. In fact the probation report says this about you: “It appears that Gus has some very serious anger issues if compared to his previous convictions.”
3. The incident which led to you using violence on the Sunday morning has been before the court during a defended hearing. Any reasonable Samoa would not have resorted to violence on the Sunday morning when you vetted your anger against several faafafiges who came to your family house by invitation on the morning in question. Without any warning you approached the faafafiges with empty beer bottle, you threw one which injured one of them and you threw second bottle which damage and cracked the windscreen of their car. You also uttered insulting words.
4. As a result of that incident you now appear for sentence on five charges arising from that incident. The first one of intentional damage related to the damage to the windscreen, the repair cost to that windscreen will be $1,734.00. You are also charged with being armed with dangerous weapon namely the empty beer bottle. You are also charged with throwing those empty beer bottles. You have also been charged with assault as well as uttering insulting words.
5. The most serious of those offences is intentional damage for which you are liable to 7 years imprisonment. And for that offence the prosecution is seeking a term of imprisonment to commence from 7 months imprisonment. I am told that you have served the 18 months for which you were sent to prison in 2013. I have decided not to send you back to prison for this offence but this will be your final warning. However if you do not meet the penalty that the court will impose you will end up in prison.
6. For all these offences, you are convicted and placed on Probation for a period of 2 years. During that 2 years you will undergo any anger management programme or any other programme that the Probation Service will direct you to attend. You will also undergo 50 hours of community work. Through the Probation Service, you will pay restitution of $1734.00 to the owner of the car. You will pay that sum by monthly payment of $100 tala first payment to commence on the 31^st of this month. If you fail to meet those payments you will be sent to prison for 3 months.
   

JUSTICE VAAI