Police v Sefo [2016] WSSC 152 (19 February 2016)

IN THE SUPREME COURT OF SAMOA
Police v Sefo [2016] WSSC 152

Case name:	Police v Sefo
Citation:	[2016] WSSC 152
Decision date:	19 February 2016
Parties:	POLICE (Prosecution) LIMALA’U SEFO male of Satapuala. (Defendant)
Hearing date(s):	-
File number(s):	S407/15, S3066/14
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:
Representation:	O Ioane for prosecution R V Papalii for defendant
Catchwords:	diagnosed schizophrenic -
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

LIMALA’U SEFO male of Satapuala.
Defendant

Counsel: F Ioane for prosecution
R V Papalii for defendant

Sentence: 19 February 2016

SENTENCE

1. For the record the defendant is a diagnosed schizophrenic first offender who has pleaded guilty to the charges against him of causing actual bodily harm to his father. The police summary of facts says that the defendant is a 20 year old singe male of Satapuala unemployed but stays at home with his parents. The victim Sefo Folesi is a 60 year old male of Satapuala married with 6 children. The defendant is the victims son, he is the fourth child of the family and lives together with the victim and his family at Satapuala.
2. In the early morning hours of Monday, 15 September 2014 the victim woke up from a noise coming from the front of their house. He heard someone yelling and challenging another to a fight. He got out of bed and walked to the road and saw the defendant on the main road making noises. He walked up to him and tried to calm him down and take him away. He was shocked when he felt a sharp sting on his stomach. The victim quickly pushed away the defendant and it was at this point the victim realized the defendant had cut him with a knife. He saw the knife and so decided to let the defendant go. He chased the defendant away and called out for help.
3. His children came out of the house and found the victim on the ground holding his wound. The family realized the victim sustained a serious cut on his stomach and the defendant was nowhere to be found. The father was immediately taken to Leulumoega Hospital for medical treatment and was later transferred to Motootua Hospital for further treatment.
4. During examination at Motootua doctor noted a transverse incision wound in the left upper quadrant of the abdomen consistent of a sharp knife wound, around 5cm in length with a short flap omentum (fatty layer) gaping from the wound.
5. The defendant was later apprehended and taken to Faleolo Police Station where he was cautioned and interviewed by the police. During the interview he admitted to stabbing his father with a kitchen knife. He further stated he was mad at his father for hitting him that night.
6. There seems to be no serious dispute with any major parts thereof except that the defendants father said as per the defendants pre-sentence report “even though he sustained injury he thinks it was an accident and his son had no intention to inflict injury on him.”
7. It has been confirmed the defendant is under treatment by the Mental Health Authority. He is on medication. His progress is good so far as indicated by his report. I wish to stress to his family the importance that he continue his medication and no doubt the Mental Health Unit will also reinforce that message. In the circumstances notwithstanding that the defendant stabbed his father I am satisfied rehabilitation and treatment are the more important principles that should apply to this sentencing.
8. O auai mai lou tamā i le asō? Sei tula’i mai Sefo. O lou alo lea a Sefo? (Sefo said yes). O lea e aumai i le lipoti a le Ofisa Fa’anofo Va’ava’aia fa’apea atonu e le’i fuafuaina e le tama le mea lea na tula’i mai, o le sa’o lea? (Sefo said yes). O lea foi ua manino mai le lipoti mai le falemai o loo fai ma alu le tama i le falemai e fai ana fualā’au poo ni tui foi ma isi togafitiga a le vaega lea e fofōina gasegase o le mafaufau a? (Sefo said yes).
9. Ona o tulaga uma ia Sefo e leai se manatu o le Fa’amasinoga o le a mamafa se fa’asalaga i lou alo. Ae taua tele le fa’auau pea o le alu o le tama i le falemai ma fai togafitiga ia ma fa’aāuau le inu o ana fualā’au ma mea fa’apena. Aua a fa’aletonu loa le mea lena e ono a’afia ai le tama ma le tou aiga. O le gasegase lea e maua ai Limala’u e le fa’apea o se gasegase e mafai ona togafitia ae leai ni fualā’au e inu ona e fai si faigatā o le tulaga lea e iai le tama. (Sefo apologies for sons conduct and concedes looking after him is challenging).
10. Lelei fa’afetai pei ona ou fai atu e leai se manatu o le Fa’amasinoga o le a ave le tama i le falepuipui. Leai e le talafeagai se fa’aiuga lena mo le mataupu lenei, ao lea o le a toe ta’atia atu pea i lau susuga ma le tou aiga mo le tausiga o le tama, aemaise le faiga o ona tui. Ua e iloa Limala’u, aua e te toe faia se mea fa’apea ua e iloa, usitai lelei i lou tama ua e iloa? (Defendant said yes). A fa’atonu atu le mea e fai, fai. E tatau ona e alu pea e fai ou tui i le falemaí. Ua e malamalama? (Defendant said yes).
11. O le fa’aiuga o le mataupu lenei e fa’amaonia le solitulafono a le tama ae leai se fa’asalaga. O le fa’aiuga lena o lea o le a fa’amau i faila a le Fa’amasinoga. Ae ao ona va’ai fa’alelei. E ala ona fai atu la u fa’amatalaga lena Sefo ina nei tei ua a’afia ai nisi tagata ona toe aumai loa lea e le ofisa o leoleo. A toe aumai la, ua faigata loa le tulaga e oo iai leaga o lea ua fa’amau ii lana solitulafono. E moi e leai se fa’asalaga ao lea ua maua i fa’amaumauga e iai lana solitulafono. E ao la i lau susuga ona vaai fa’alelei lou alo. O le a ta’atia atu fa’apena, ou te talitonu o le a fa’atino lou tiute fa’a-tua’a i lou atalii. (Sefo said yes).
12. For the record defendant will be convicted and discharged without penalty
    

JUSTICE NELSON