Police v Pio [2016] WSSC 34 (14 March 2016)

IN THE SUPREME COURT OF SAMOA
Police v Senio PIO [2016] WSSC 34

Case name:	Police v Senio PIO
Citation:	[2016] WSSC 34
Decision date:	14 March 2016
Parties:	Police (informant) and Senio Ave PIO, male of Laulii (defendant)
Hearing date(s):
File number(s):
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Laulusāmanaia Justice Mata Tuatagaloa
On appeal from:
Order:	You are convicted and sentenced to six (6) months’ supervision with the following conditions: Attend an eight week anger management programme as directed by Probation; Attend a six week educational program on the use and effects of alcohol; iii. Not to re-offend; and iv. Any other as directed by Probation
Representation:	Ms F Ioane for the Prosecution Defendant appears in Person
Catchwords:	Causing injury – apologized to victim – intoxicated – non-custodial sentence -
Words and phrases:
Legislation cited:	Crimes Act 2013 s. 1119(1);
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

AND:

SENIO AVE PIO, male of Laulii
Defendant

Counsel:
Ms F Ioane for the Prosecution
Defendant appears in Person

Sentence: 14 March 2016

SENTENCING OF JUSTICE TUATAGALOA

1. Senio, you are appearing for sentence on the charge of causing injury under
   s.119(1) of Crimes Act 2013 which carries a maximum penalty of seven (7) years’ imprisonment.
2. You have confirmed the summary of facts as read out which says that:
   • On 4 September 2015 you called the Maalauli Taxi Stand for a taxi. Something happened that you did not like and you and two of your drinking mates went to the taxi stand and you punched the victim which landed on his shoulder.
   • Your two friends were said to have thrown a stone at the victim and punched the victim on the mouth.
3. The victim in his pre-sentence report confirms that you apologised and had given $50.00 to the victim. The apology was accepted by the victim.
4. The victim also confirmed with probation that he did not sustain any injuries from you as such and according to the summary of facts by the prosecution the injuries sustained were mostly likely caused by your two friends.
5. The prosecution has looked at similar cases and the sentences imposed by the Court. Despite your previous record the prosecution took into account the involvement of alcohol in this offending and recommended a non-custodial sentence of eight (8) months’ supervision with conditions. I agree with prosecution.
6. You are convicted and sentenced to six (6) months’ supervision with the following conditions:
   1. Attend an eight week anger management programme as directed by Probation;
   2. Attend a six week educational program on the use and effects of alcohol;
   3. Not to re-offend; and
   4. Any other as directed by Probation.
      

_________________________
JUSTICE TUATAGALOA

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