Police v Tavaga [2016] WSSC 76 (2 May 2016)

SUPREME COURT OF SAMOA
Police v Tavaga [2016] WSSC 76

Case name:	Police v Tavaga
Citation:	[2016] WSSC 76
Decision date:	2 May 2016
Parties:	POLICE (prosecution) v MO’A FAAVAE TAVAGA male of Eva (defendant)
Hearing date(s):	-
File number(s):	S364/16
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	JUSTICE VAAI
On appeal from:
Order:	- Sentenced to prison for 1 year and 10 months less any time spent in custody.
Representation:	O Tagaloa for prosecution
	Unrepresented
Catchwords:	Sentence – causing grievous bodily harm – maximum penalty
Words and phrases:	victim mentally retarded
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

MO’A FAAVAE TAVAGA male of Eva
Defendant

Counsel:
O Tagaloa for prosecution
Unrepresented

Sentence: 2 May 2016

S E N T E N C E

1. Defendant you and three others pleaded guilty to the charge of causing grievous bodily harm which carries a maximum penalty of 10 years. The attack on a 39 year old was unprovoked and it was on a person well known within the village to be mentally retarded.
2. You are 32 years of age, you have a family which you now tell the court that you are responsible to look after but those are the things that you should have thought about before you committed the offence.
3. The victim in this case was admitted to hospital where he was under review by the Dental Surgical team for 4 - 5 weeks due to the serious injuries to his mouth. He suffered by bilateral fracture to the mandible, he had facial swelling and he obviously suffered pain for sometimes. Which indicated that all the blows delivered by you and three others were to the facial area. It was a group attack.
4. As I said to the other two, there is no reason to differentiate the sentences of the four of you and I will deal with you the same way I had dealt with the other two. Like those other two defendants, you are sentenced to prison for 1 year and 10 months less any time spent in custody.

JUSTICE VAAI