Police v Fereti [2015] WSSC 78 (17 August 2015)

IN THE SUPREME COURT OF SAMOA
Police v Fereti and Fereti [2015] WSSC 78

Case name:	Police v Fereti and Fereti
Citation:	[2015] WSSC 78
Decision date:	17 August 2015
Parties:	The Police (prosecution) Sapulu Fereti male of Magiagi and Letogo and Evalu Fereti male of Magiagi (defendants)
Hearing date(s):	28 July 2015
File number(s):	S4494/14, S4494/14, S4498/14, S4450/14
Jurisdiction:	Criminal
Place of delivery:	Supreme Court, Mulinuu
Judge(s):	Justice Vaai
On appeal from:
Order:	For the defendant Sapulu – For causing bodily injury with intent convicted and served 7 months imprisonment less any time you spent in custody. For the offence of intentional damage you are convicted and sentenced to 1 month imprisonment. That is to be served concurrently with causing injury. For the offence of throwing stones and being armed with dangerous weapon, you are convicted and discharged. For the defendant Evalu, for causing injury you are convicted and placed on Probation for 12 months. You will perform 50 hours of community work. You are also ordered to pay cost of prosecution of $2,000 tala. And you will pay that through the Probation Service by monthly payment of $200 tala, first payment to be made on the 4th September 2015 and every month thereafter. If you fail to make those payments you will be sentenced to prison for 2 months.
Representation:	O Tagaloa for prosecution Unrepresented
Catchwords:	Intentionally causing bodily injury – armed with dangerous weapon – intentional damage – convicted and sentenced
Words and phrases:	Premeditated – multiple offending against one
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

SAPULU FERETI male of Maagiagi and Letogo, EVALU FERETI male of Magiagi
Defendants

Counsel: O Tagaloa for prosecution
Unrepresented

Sentence: 17 August 2015

S E N T E N C E

1. Both defendants appear for sentence on the joint charge of intentionally causing bodily injuries. This offence carries a maximum penalty of 7 years imprisonment.
2. The defendant Sapulu is also charged with intentional damage, armed with dangerous weapon namely a stone and throwing stones. Both defendants pleaded not guilty but as a result of a defended hearing the court found them both guilty. This offence took place on Christmas day.
3. From the evidence this offence appeared to have been premeditated. The victim was assaulted a few distances from his home and he was pursued to his home where the defendants and others continued to attack him. The assault only stopped when others intervened. The defendant Sapulu also threw stones which damaged the louver windows of the house to which the victim ran to. Those are the aggravating factors of this case as well as the fact the injuries caused were mainly to the face, head and upper body of the victim. This was a cowardly act by the two defendants and others on the night the victim was assaulted. This was a multiple offending against one.
4. The probation report says that Evalu is 24 years and single and Sapulu is 27 years and has three children. Same probation report also says that Sapulu was convicted and sentenced in 2012 for similar offending. The injuries that were caused to the victim were serious. The penalty that was imposed upon Sapulu in 2012 appears to have no effect on Sapulu’s offending when he is under the influence of alcohol. There is no other course that this Court can take in the case of Sapulu but to impose a custodial sentence. The other victims of your offending are of course your family and your children who will have to suffer because of the way you behave when you are under the influence of alcohol. There is no logic or sense coming to the court after you have committed the offence and tell the court that you have children to look after as that is something you should have thought about before you gave your anger full event. Your state of drunkenness on the night in question may be the reason but not an excuse for your offending.
5. For the defendant Sapulu, I will consider a term of imprisonment of 6 months as a starting point. That is for the offence of causing bodily injury with intent. That is upgraded by 1 month for your previous conviction. You will serve 7 months imprisonment less any time you spent in custody. For the offence of intentional damage you are convicted and sentenced to 1 month imprisonment. That is to be served concurrently with causing injury. For the offence of throwing stones and being armed with dangerous weapon, you are convicted and discharged.
6. In the case of Evalu, for your offending of causing injury you are convicted and placed on Probation for 12 months. You will perform 50 hours of community work. You are also ordered to pay cost of prosecution of $2,000 tala. And you will pay that through the Probation Service by monthly payment of $200 tala, first payment to be made on the 4^th September 2015 and every month thereafter. If you fail to make those payments you will be sentenced to prison for 2 months.

JUSTICE VAAI