Police v Tinotaua [2016] WSSC 67 (22 March 2016)

SUPREME COURT OF SAMOA
Police v Tinotaua [2016] WSSC 67

Case name:	Police v Tinotaua
Citation:	[2016] WSSC 67
Decision date:	22 March 2016
Parties:	POLICE (prosecution) and SAUFOI TINOTAUA male of Sinamoga (defendant)
Hearing date(s):
File number(s):	S3636/2015
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	JUSTICE VAAI
On appeal from:
Order:	Convicted and discharged.
Representation:	O Tagaloa for prosecution
	Unrepresented
Catchwords:	Causing injury – aggravating features – early guilty plea
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

SAUFOI TINOTAUA male of Sinamoga
Defendant

Counsel:
O Tagaloa for prosecution
Unrepresented

Sentence: 22 March 2016

S E N T E N C E

1. Defendant you now appear for sentence on the charge of causing injury which carries a maximum penalty of 7 years imprisonment.
2. As a result of the conflict in the summary of facts by the police and what you told the probation service, this matter was adjourned to today for hearing of the disputed facts. I am told by the prosecution that they concede your version of the facts is more correct. I will now proceed with sentence. But before doing so is there anything you wish to tell me before I pass sentence.
3. People who come before the Court for sentence on charges involving violence must be dealt with very stern, far too many lives have been lost and serious injuries have been caused through violence and the use of a weapon as a result of the violence.
4. The defendant according to the Probation report is 22 years of age, he is single and he appears to have been well educated. It also appears from the summary and the probation report that the instigator of the violence in this matter was not the defendant, it was in fact the victim. The defendant and his friends were peacefully drinking alcohol under a tree at Alafua when the victim and his group advanced on them and a fight broke up. It is also apparent that the defendant may have been acting in self defence when he got himself involved in the fight.
5. He is well spoken of by the testimonials attached to his probation report. Regarding the circumstance of his offending and his early guilty plea for this offence, he is convicted and discharged.

JUSTICE VAAI