Police v Lualua [2016] WSSC 20 (3 February 2016)

IN THE SUPREME COURT OF SAMOA
Police v Pili LUALUA [2016] WSSC 20

Case name:	Police v Pili LUALUA
Citation:	[2016] WSSC 20
Decision date:	03 February 2016
Parties:	Police (informant) and Pili Tilo LUALUA, male of Savaia Lefaga (defendant)
Hearing date(s):
File number(s):
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Tuatagaloa
On appeal from:
Order:	Convicted and sentenced to 18 months’ supervision with the following conditions: Serve 100 hours’ community service; Attend an alcohol programme as directed by Probation in consultation with the Alcohol and Drugs Court Clinician; and Attend an Anger Management Programme as directed by Probation.
Representation:	Ms Ioane for the Prosecution Defendant in Person
Catchwords:	Causing injury – armed with a dangerous weapon – previous conviction – alcohol issues – anger issues – non-custodial sentence
Words and phrases:
Legislation cited:	Crimes Act 2013 ss. 119(1); Police Offences Ordinance 1961 ss. 25, 26
Cases cited:
Summary of decision:

THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

AND:

PILI TILO LUALUA, male of Savaia, Lefaga.
Defendant

Counsel:
Ms Ioane for the Prosecution
Defendant in Person

Date: 03 February 2016

SENTENCING OF JUSTICE TUATAGALOA

1. Pili, you are appearing for sentence on three charges that took place on the 27^th of September last year. These are:
   • causing injury or causing bodily harm to Fiaalii Su’a of Matautu Lefaga which carries a maximum penalty of seven years’ imprisonment under s. 119(1) of Crimes Act 2013;
   • being armed with a stone which is considered a dangerous weapon which carries a maximum of one year imprisonment under s.25 of Police Offences Ordinance 1961 and
   • having thrown this stone which caused injury to Fiaalii Su’a which carries a maximum of one year imprisonment under s.26 of Police Offences Ordinance 1961.
2. You pleaded guilty to all of these offences on 16 November last year.
3. You have confirmed to the Court the summary of facts provided by the prosecution as read out to you. You are 40 years old, divorced with two children. You work on the plantation to provide for your family.
4. The pre-sentence report say that you have apologized to the victim, Fiaalii, and the victim has accepted your apology and wished for the matter to be withdrawn. The pre-sentence report and the summary of facts both say that there was alcohol involved; from the circumstances of your offending you also have anger issues. Alcohol and anger is a lethal combination. You also have a previous record of the same offending of causing injury in 2014 where you were given a non-custodial sentence of community service.
5. Obviously you haven’t learnt from that previous conviction and that the sentence imposed upon you has had no positive impact on you as you have again re-offended within a year.
6. The victim is 37 years’ old and from the same village as you, Matautu Lefaga. He sustained an injury to the back of his head and received three stitches for it at the hospital. He confirmed with probation services that you have apologised to him and he has forgiven you and now wishes for the matter to be withdrawn.
7. The aggravating factor personal to you as the offender is your previous conviction, and especially so, that the previous offending is the same as the one you are to be sentenced with today. The aggravating features of your offending are:
   • Your use of the rock;
   • The injuries sustained by the victim;
   • The vulnerable state of the victim as he had his back to you when you threw the rock at him.
8. The mitigating factors are:
   • Your apology to the victim – that is a sign of remorse on your part and I accept that; and
   • Your early plea.
9. From the pre-sentence report, you obviously have alcohol and anger issues and obviously the sentence imposed by the Court upon you on your previous sentence did not address these issues of alcohol and anger. You have re-offended and the same issues are involved.
10. The Court is mindful that there are no rehabilitation services or programmes to deal with these issues in the prisons and I take those issues very seriously because they are again involved in your re-offending. It is in my view more in the public interest to address the causes of your criminal behavior which is alcohol and anger rather than imposing a custodial sentence. The risk of you re-offending in the future will be better dealt with by addressing the causes of your criminal behavior.
11. You are convicted and sentenced to 18 months’ supervision with the following conditions:
    • You are to serve 100 hours’ community service;
    • You are to attend an alcohol programme as directed by Probation in consultation with the Alcohol and Drugs Court Clinician; and
    • You are also to attend an Anger Management Programme as directed by Probation.
12. Pili this is your last opportunity of a non-custodial sentence. Should you re-offend again, rest assured it will be an imprisonment term.
    

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Laulusā Justice Mata Tuatagaloa