Police v Faumuina [2016] WSSC 77 (11 May 2016)

SUPREME COURT OF SAMOA
Police v Faumuina [2016] WSSC 77

Case name:	Police v Faumuina
Citation:	[2016] WSSC 77
Decision date:	11 May 2016
Parties:	POLICE v VINCENT OFISA FAUMUINA male of Vaitele-Fou, Papa Puleia and Asaga
Hearing date(s):	11 May 2016
File number(s):	S395/16
Jurisdiction:	CRIMINAL
Place of delivery:	In the Supreme Court of Samoa, Mulinuu
Judge(s):	JUSTICE LAULUSAMANAIA TUATAGALOA
On appeal from:
Order:	- Convicted and sentenced to three years and three months’ imprisonment. Less time in custody.
Representation:	F Ioane for Prosecution Defendant in Person
Catchwords:	Sentence – causing bodily injury – stabbing – mitigating features – aggravating features – unprovoked assault – stabbing to side of the neck – previous convictions – early guilty plea –starting point for sentence
Words and phrases:
Legislation cited:	Crimes Act 2013 s. 118(1)
Cases cited:
Summary of decision:

SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

AND:

VINCENT OFISA FAUMUINA, male of Vaitele-Fou, Papa Puleia & Asaga
Defendant

Counsel:
F Ioane for Prosecution
Defendant in Person

Sentence: 11 May 2016

SENTENCING OF JUSTICE TUATAGALOA

1. The accused is appearing for sentence for causing bodily injury to Apelu Simanua of Vaitele-tai.
2. The accused is charged under s. 118(1) of the Crimes Act 2013 which penalty is maximum 10 years’ imprisonment.
3. The accused has confirmed the summary of facts which basically says that:
   • On 27 February 2016 at Vaitele-tai the defendant drank with the victim and other males. At some point, because there was too much noise, the victim asked the defendant that they go to the road.
   • The victim went to the road first and the defendant followed. The defendant had a kitchen knife which he stabbed the victim with on the side of the neck.
   • The victim sustained a deep cut on the side of the neck and was taken to hospital.
4. The accused is 25 years’ old, married with one child and is employed as a fisherman. The use of a weapon; the assault being unprovoked and the part of the body the accused aimed at are aggravating features of this offending. This assault could have been fatal and the victim could have died. The previous convictions of the accused is an aggravating feature personal to the accused as the offender.
5. The only mitigating feature is the accused early plea. This is not enough to save him from an imprisonment term.
6. The circumstances of the offending are too serious and warrants a custodial sentence.
7. A starting point of five years is appropriate; less 1/3 discount for his early plea which is 20 months – this leaves three years and three months.
8. The accused is convicted and sentenced to three years and three months’ imprisonment. Less time in custody.
   

JUSTICE TUATAGALOA