Police v Luamanu [2017] WSSC 124 (4 August 2017)

IN THE SUPREME COURT OF SAMOA
Police v Luamanu [2017] WSSC 124

Case name:	Police v Luamanu
Citation:	[2017] WSSC 124
Decision date:	04 August 2017
Parties:	POLICE (Informant) and LOUIS LUAMANU, male of Tauese, Vaoala & Toamua (Defendant)
Hearing date(s):
File number(s):
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Mata Keli Tuatagaloa
On appeal from:
Order:	The accused on the charge of manslaughter is convicted and sentenced to 4½ years’ imprisonment.
Representation:	F Ioane for Prosecution A Lesa for the Defendant
Catchwords:	Manslaughter – stabbing – stabbing to the side of the head – brain injury (victim) – provocation – young offender – ifoga – early guilty plea – first offender – custodial sentence
Words and phrases:
Legislation cited:
Cases cited:	Police v Matalavea [2006] WSSC 30 (19 May 2006)
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

AND:

LOUIS LUAMANU, male of Tauese, Vaoala & Toamua
Defendant

Counsel:
F Ioane for Prosecution
A Lesa for the Defendant

Sentence: 04 August 2017

Written: 14 August 2017

SENTENCING OF TUATAGALOA J

1. This is the written sentencing decision orally delivered.
2. The accused pleaded guilty to one charge of manslaughter which carries a maximum penalty of life imprisonment.
3. The accused by an unlawful act stabbed the deceased on the side of the head with a small knife.
4. The summary of facts prepared by the Prosecution says that the accused who is 19 years’ old on Saturday, 28 May 2016 at around 12 midnight was standing with his younger brother underneath one of the pulu trees in front of the Government Building after the “Youth Alive” dance competition when the deceased and his friends were looking for the person whom they said threw a stone at their vehicle. One of the deceased friends named Henry Enele is also friends with the accused. While the accused and Henry were talking, the deceased walked over and punched the accused. The accused fell onto the ground, got up, pulled out a small knife from his pocket and stabbed the deceased on the left side of his head. The deceased stumbled back and fell onto the ground. The accused and his brother ran off.
5. The deceased is Aniseko Aniseko, a 20 year old male of Vaitele-uta. The pathologist report concluded that the cause of death “was a blunt force head injury which is consistent with being struck with an object or with falling onto a surface causing a break of the skull, damaging the underlying brain surface and in turn leading to bleeding over and within the brain, in turn causing critical brain swelling.”
6. The Prosecution asks for a starting point of nine years’ imprisonment identifying: loss of life, injuries sustained, use of a weapon and the head the attack was aimed at is one of the most vulnerable and critical parts of the body. The Prosecution only identified the accused early guilty plea as a mitigating factor.
7. The defence counsel, Mr Arthur Lesa submitted for a two year starting point identifying only the use of a concealed weapon as the aggravating factor. Mr Lesa in mitigation identified provocation, the accused first offender status, early guilty plea and his relatively young age. On provocation, Mr Lesa submitted that the accused reacted because the deceased punched him first and the force of such a punch caused the accused to fall to the ground.
8. The pre-sentence report says that the accused, as the second eldest of nine (9) children, left school at Year 10 and at the time of the offending was employed by the Fletcher Construction Company.
9. There are written testimonials from the accused faifeau, employer, and sui-ole-atunu’u for Vaoala where the accused lives. The faifeau confirms that the accused attends Church every Sunday and is a humble and calm person. The employer confirms that the accused works for them and is reliable, dedicated and a quick learner. The sui-ole-atunu’u basically says that the accused is a good and obedient person.
10. The pre-sentence report confirms that the accused family carried out an ifoga to the family of the deceased and is said to have been accepted by the deceased’s family.
11. I agree with His Honour the Chief Justice in Police v Matalavea^[1] as quoted by Prosecution in their submissions that the Court has imposed different starting points due to the varying circumstances or level of culpability involved in the commission of the offending of manslaughter. The starting points imposed by this Court in offending of this nature vary from 4 years – 15 years imprisonment.
12. I agree with the aggravating factors identified by the Prosecution of this offending. I take the following as mitigating factors of this offending: the accused ‘first offender’ status, the relatively young age of the accused, provocation by the deceased, the ifoga by the accused family is also taken into account and the accused early guilty plea which I would give 25% discount.
13. The starting point suggested by counsel for the accused is too low. The starting point recommended by the Prosecution of 9 years is in the circumstances of this offending appropriate. I deduct three (3) years for the mitigating factors indentified and then 25% (18 months) to be further deducted for early guilty plea. This leaves an end sentence of 4 ½ years.
14. The accused on the charge of manslaughter is convicted and sentenced to 4½ years’ imprisonment.

JUSTICE TUATAGALOA

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^[1] [2006] WSSC 30 (19 May 2006)