Police v Palea Vea [2016] WSSC 95 (27 May 2016)

SUPREME COURT OF SAMOA
Police v Palea Vea [2016] WSSC 95

Case name:	Police v Palea Vea
Citation:	[2016] WSSC 95
Decision date:	27 May 2016
Parties:	POLICE (prosecution) and MAIMOANA PALEA VEA, male of Lepa (defendant)
Hearing date(s):	12 April 2016
File number(s):	S2881/15, S2882/15, S2883/15, S2884/15, S2886/15, S2887/15, S2888/15
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	JUSTICE VAAI
On appeal from:
Order:	The defendant is sentenced to 2 years and 6 months imprisonment less time spent in custody. - For the offence of grevious bodily harm, he is sentenced to 2 years and 6 months. - For the offence of actual bodily harm he is sentenced to 12 months imprisonment to be served concurrently. - For the remaining offences of intentional damage, uttering insulting and threatening words, and being armed with dangerous weapon, he is convicted and discharged.
Representation:	L Su’a-Mailo for prosecution Unrepresented
Catchwords:	grevious bodily harm - actual bodily harm - intentional damage -uttering insulting and threatening words – armed with dangerous weapon – hostile –previous convictions
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

MAIMOANA PALEA VEA male of Lepa
Defendant

Counsel:
L Su’a-Mailo for prosecution
Unrepresented

Sentence: 27 May 2016

S E N T E N C E

1. The accused was found guilty of:
   • (i) one count of causing grevious bodily harm which carries a maximum penalty of not more than 10 years.
   • (ii) one count of causing actual bodily harm for which he is liable to 7 years imprisonment.
   • (iii) two counts of being armed with a dangerous weapon.
   • (iv) one count of uttering insulting words.
   • (v) two counts of intentional damage.
2. All the charges arose out of two incidents at the village of Lepa on the 31^st August and 2^nd September 2015. On the 31^st August 2015, the accused, aged 24, went to his plantation by horse. He rode through the land occupied by his cousin Taualai and her children. Taualai is aged 64. The accused helped himself to Taualai’s cucumbers. Taualai approached the accused and an argument ensued. The accused was obviously hostile towards Taualai and her family for occupying the land. During the course of the argument, the accused pushed Taualai to the ground. At that very moment Taualai’s three sons Niko, Nayvel and Fealofani came with stones and threw them at the accused. Taualai called to her sons to attack the accused. To escape the attack, the accused ran to his horse, grabbed his bushknife and mounted his horse. He then went after Niko and Nayvel who were still throwing stones at him.
3. Niko and Nayvel then ran away as the accused rode towards them brandishing his knife. The accused caught up with Nayvel who dropped to the ground to avoid the accused’s strike with the knife. But the accused’s strike connected with Nayvel’s right shoulder and Nayvel was injured. The accused then chased Niko who also dropped to the ground but the accused’s strike with the knife also injured Niko badly on the right shoulder.
4. Niko was taken to the Lalomanu hospital and evacuated to the National hospital, Apia, the same day.
5. After injuring Niko and Nayvel, the accused then turned to the banana trees and slashed at least 17 banana trees.
6. Two days later early in the morning of the 2^nd September, the accused went back to Taualai’s house on the same horse and with his bush knife. He cut down a banana tree, he called to Taualai as to why she and her family have not left the land, he threatened to cut them up with the bush knife, he insulted Taualai and her family.

The Accused

7. The accused is single, a motor mechanic by trade. He has previous conviction in 2015 for assault and armed with a dangerous weapon. The probation service in its report said it was unable to make contact with the family, particularly the mother of the accused for background information on the accused.

Discussion

8. For the most serious offence of grevious bodily harm, the prosecution seeks a starting point of 5 years imprisonment which should also be upgraded to 5 ½ years for his previous conviction.
9. In my respectful view the submission by the prosecution to consider 5 years starting ignores the fact that it was Taualai who called to her 3 sons who were already armed with stones to attack the accused. The three sons immediately advanced towards the accused and threw stones and they continued to do so while the accused was running to his horse, and when the accused was on his horse brandishing his knife, Niko and Nayvel continued to throw stones at the accused.
10. Initially the accused as I stated in my oral ruling, acted in self defence. But he did not stop or retreated when Niko and Nayvel were running away. He was then acting in revenge. He wanted to give his anger full vent. He turned to the banana trees after injuring Niko and Nayvel.
11. He was still angry two days after the first attack and went back to look for more trouble. He has a propensity for violence when angry.
12. He is not a matai and yet he arrogantly attempted to assert his authority over family lands. In any event the unfortunate incident would not have happened if the 64 year old Taualai had not called to her sons to attack the accused. In the circumstances I consider 3 years as the appropriate starting point for the most serious offence of grevious bodily harm. That will be upgraded by 6 months for his previous conviction. For the reconciliation and apology a 12 months deduction is made. He is sentenced to 2 years and 6 months.
13. For the offence of actual bodily harm he is sentenced to 12 months imprisonment to be served concurrently. For the remaining offences of intentional damage, uttering insulting and threatening words, and being armed with dangerous weapon, he is convicted and discharged.
14. The defendant is sentenced to 2 years and 6 months imprisonment less time spent in custody.

JUSTICE VAAI