Police v Avia [2016] WSSC 87 (16 May 2016)

SUPREME COURT OF SAMOA
Police v Avia [2016] WSSC 87

Case name:	Police v Avia
Citation:	[2016] WSSC 87
Decision date:	16 May 2016
Parties:	POLICE vs METOTISI AVIA male of Samusu-uta (defendant)
Hearing date(s):	-
File number(s):	S622/16, S624/16
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	JUSTICE VAAI
On appeal from:
Order:	- For grievous bodily harm, you will serve 13 months imprisonment. - For being armed with dangerous weapon and throwing stones to the danger of persons, you are convicted and discharged.
Representation:	O Tagaloa for prosecution
	Unrepresented
Catchwords:	Grievous bodily harm – armed with dangerous weapon – 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:

METOTISI AVIA male of Samusu-uta
Defendant

Counsel:
O Tagaloa for prosecution
Unrepresented

Sentence: 16 May 2016

S E N T E N C E

1. Defendant you have confirmed the summary of facts which has just been read out to you. You are 19 years of age and the victim is 59 years of age.
2. The victim heard some swearing on the road at night and he saw you, Ofa and another person. Ofa was swearing, and the victim chased Ofa away but Ofa punched the victim. According to the summary of facts Ofa threw a stone at the victim which missed; you then threw a rock at the victim which struck the victim on the right leg. It was thrown at close range when others people were also present close by.
3. The victim was carried home by his children as he could not walk. He sustained a broken bone from the rock that you threw. It was thrown with significant force at close range.
4. The injury suffered by the victim was grievous. A maximum penalty of 10 years imprisonment is imposed by the law for your offending.
5. The aggravating features of your offending is that the rock was thrown at close range in the presence of other people including the family members of the victim. There was serious injury suffered by the victim although he provided no provocation.
6. I am told by the Probation report that your mother has apologised to the victim and that you have been fined by the village. I find difficult to accept because the pulenuu of the village has written a letter to the Court attached to the Probation report and there is no mention of any village fine imposed. Although you are a first offender, the penalty to be imposed must reflect the seriousness of the offending and to deter violent Samoans from committing this violence offence.
7. I do not accept the recommendation by the Probation Service that a community base sentence to be imposed. A custodial sentence is the appropriate one. For the grievous bodily harm a starting point of 18 months should be considered. For your guilty plea I will deduct 3 months. For your good record and young age I will deduct a further 2 months. You will serve 13 months imprisonment. For being armed with dangerous weapon and throwing stones to the danger of persons, you are convicted and discharged.

JUSTICE VAAI