Police v Ene [2016] WSSC 72 (2 May 2016)

SUPREME COURT OF SAMOA
Police v Ene [2016] WSSC 72

Case name:	Police v Ene
Citation:	[2016] WSSC 72
Decision date:	02 May 2016
Parties:	Police (Informant) and Ma’i Lologa Fiu ENE, male of Vailoa Palauli (Defendant)
Hearing date(s):
File number(s):	S948/16-S950/16
Jurisdiction:	CRIMINAL
Place of delivery:	In the Supreme Court of Samoa, Mulinuu
Judge(s):	Laulusā Justice Mata Tuatagaloa
On appeal from:
Order:	Ma’i, you are sentenced and convicted as follow: Causing grievous injury: 8 months’ supervision with the following conditions: i. Attend the Alcohol Program; the length of which is to be determined by the ADC Clinician; ii. Attend Anger Management by Probation; and iii. Any other as directed by Probation. Armed with a dangerous weapon: convicted and discharged.
Representation:	L Sio for Prosecution Defendant in Person
Catchwords:	Causing grievous bodily harm – armed with a dangerous weapon - defendant intoxicated – first offender – no pre-meditation – non-custodial sentence
Words and phrases:
Legislation cited:	Crimes Act 2013 s. 118(1) Police Offence Ordinance 1961 s. 25,
Cases cited:
Summary of decision:

SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

AND:

MA’I LOLOGA FIU ENE, male of Vailoa Palauli
Defendant

Counsel:
L Sio for Prosecution
Defendant in Person

Sentence: 02 May 2016

SENTENCING OF JUSTICE TUATAGALOA

1. Ma’i, you are 42 years’ old and you appear for sentence on two charges of:
   • Causing grievous bodily injury to Leo Siotalima which offence under
     s. 118(1) Crimes Act 2013 carries a maximum 10 years' imprisonment.
   • Armed with a dangerous weapon which is the large beer bottle you used to cause the injuries. This offence under s. 25 Police Offence Ordinance 1961 is maximum 12 months' imprisonment.
2. You have confirmed the summary of facts of what happened that was read out to you which basically is:
   • On 24 March 2016 at around 5pm the victim waited with his brother-in-law on the side of the road with their coconuts for the truck to come around to collect coconuts;
   • You came on the truck collecting the coconuts and at the time had been drinking and were holding a half empty lager beer. Some bantering took place between you and the victim which resulted in you using the bottle of beer to hit the victim. In the pre-sentence report you said you “backhanded” the victim using the beer bottle. The summary of facts said that you hit the victim with it on the chin. You confirmed in court that you ‘backhanded’ the victim.
3. Alcohol was obviously involved. You told probation that was your third bottle of beer. You could not control yourself and you got angry easily and resorted to violence. This is because you were more susceptible to these two emotions, dangerous they may be because you were under the influence of alcohol.
4. The victim without proof from the hospital was said to have lost three (3) teeth.
5. You are a first offender and therefore presumably of previous good character. This is confirmed by the written references of Bishop Vaalepu of your Church, the pulenu’u of Vailoa, Palauli and according to your aunty Sa’atia. The causing injury was not planned but was a spur of the moment. You have pleaded guilty to the charges.
6. The circumstances of your offending do not warrant a custodial sentence. There are, other far more serious offending with circumstances that warrant custodial sentences for better use of limited space at the already overcrowded prison facilities than yours.
7. Ma’i, you are sentenced and convicted as follow:
   • Causing grievous injury: 8 months’ supervision with the following conditions:
     1. Attend the Alcohol Program; the length of which is to be determined by the ADC Clinician;
     2. Attend Anger Management by Probation; and
     3. Any other as directed by Probation.
   • Armed with a dangerous weapon: convicted and discharged.
     

JUSTICE TUATAGALOA