Police v Tagoa'i [2016] WSSC 64 (11 March 2016)

SUPREME COURT OF SAMOA
Police v Tagoa’i [2016] WSSC 64

Case name:	Police v Tagoa’i
Citation:	[2016] WSSC 64
Decision date:	11 March 2016
Parties:	POLICE (prosecution) and SUITULAGA TAGOA’I male of Siusega and Lepa Aleipata (defendant)
Hearing date(s):
File number(s):	S2261/15, S2120/15
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	JUSTICE VAAI
On appeal from:
Order:	Discharged without conviction.
Representation:	L Sio for prosecution Unrepresented
Catchwords:	Causing injury – armed with a dangerous weapon – provocation – aggravating features
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

SUITULAGA TAGOA’I male of Siusega and Lepa Aleipata
Defendant

Counsel:
L Sio for prosecution
Unrepresented

Sentence: 11 March 2016

S E N T E N C E

1. Defendant what you just told the court coincides with what you told the Probation Service as related in the probation report.
2. There was a lot of provocation provided by the victim’s nephew by persistently throwing rubbish to your land. The only serious aggravating factor of your offending is the use of a knife. But you have told the probation service as well as the court the reasons why you were in possession of that knife, it was not for the commission of the offence, you were preparing food when the incident started.
3. So I am satisfied that you were not in possession to commit any offence. There is no reason why the court should not impose the same sentence that was imposed on the victim and his nephew. But I am also told by the probation service that your wife is in Malaysia and you may wish to travel and that entering a conviction against you, may hamper your travel arrangement.
4. You are 44 years of age, you have children and you have managed your journey through life without any previous conviction.
   
5. So accordingly I will not enter any conviction in case you may wish to travel to Malaysia to see your family. You are discharged without conviction.

JUSTICE VAAI