Police v Osooso [2017] WSSC 3 (6 February 2017)

IN THE SUPREME COURT OF SAMOA
Police v Osooso [2017] WSSC 3

Case name:	Police v Osooso
Citation:	[2017] WSSC 3
Decision date:	06 February 2017
Parties:	POLICE (Prosecution) and FAAVALE OSOOSO, male of Leonē (Defendant)
Hearing date(s):	25-26 January 2017
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 is convicted and a 12 month suspended sentence is imposed for each charge.
Representation:	F Ioane for Prosecution Defendant appears in Person
Catchwords:	Grievous bodily harm – stabbing – apology carried out – first offender - non-custodial sentence
Words and phrases:
Legislation cited:	Crimes Act 2013 s. 118(1)
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

AND:

FAAVALE OSOOSO, male of Leonē
Defendant

Counsel:
F Ioane for Prosecution
Defendant in Person

Sentence: 06 February 2017

SENTENCING OF TUATAGALOA J

1. The accused appears for sentence after having been found guilty on two (2) charges of grievous bodily harm pursuant to s. 118(1) of the Crimes Act 2013 which penalty for each charge is maximum 10 years’ imprisonment.
2. The facts as accepted by the Court are:
   • On 02 October 2014, the victim Ioane Viliamu went to the accused house around 6.00pm, swore and called out to the accused brother Tuiko to come out and fight with him.
   • The accused brother Tuiko opened the door and threw a glass cup at Ioane in which the cup hit him on the left hip and broke.
   • Ioane and Tuiko fought and Ioane’s brother Viliamu Viliamu and the accused joined in.
   • The accused who was holding a kitchen knife stabbed at Viliamu Viliamu and missed then stabbed at the victim Ioane Viliamu on the back twice while he was fighting which his brother Tuiko.
   • The second victim, Vaililo Saio saw what was happening to Ioane, ran in, pulled the victim Ioane away and punched the accused. The accused turned on the second victim and stabbed him twice.
   • Both victims were injured from the stabbings.

Injuries:

3. The following injuries were sustained by the victims from the stabbings:
   1. Ioane Viliamu,
      • (i) 3x1 inch cut on upper back close to the root of his neck posterior;
      • (ii) 1.5x1.5 inch cut over the left shoulder blade.
   2. Vaililo Saio,
      • (i) 3x1 inch cut across the root of the neck at the back;
      • (ii) 1 inch superficial cut on the collarbone.

The victims:

4. The victims and the accused are from the same village of Leonē and from the evidence during the trial the victim Ioane Viliamu and the accused are related.
5. The victim Ioane Viliamu is 24 years’ old and the victim Vaililo Saio is 25 years’ old. The VIR (victim impact report) for each victim does not say of any long term effects of the injuries that were sustained by the victims. The injuries are said to have healed well.
6. The victims confirmed in the victim impact reports that the accused and his parents have been to apologise and their parents have accepted the apologies.

The accused:

7. The accused is 21 years’ old and is a second year student with Samoa Maritime School. The impression from the pre-sentence report (PSR) is that the accused is hardworking at school to get somewhere to help his family. His family depends on his father’s poultry farm and plantation which also pays for his education. The accused father speaks of his son as reliable and despite financial constraints he does his best to make sure that his son’s education is paid for.
8. There is nothing that says of any prior incidents that will cast doubt on the accused character. This is the first time that the accused has offended.

Discussion:

9. The Court frowns on incidents where an object(s) are used in the commission of assaults and especially where injuries are sustained from the use of such objects. The courts approach where objects are used is to impose an imprisonment term. However, there have been few cases where the Court, although objects were used and injuries were sustained, have imposed non-custodial sentences taking into account the overall circumstances of the offending.
10. Although a kitchen knife was used and injuries were sustained, the Court is of the view that the circumstances of the offending warrant a non-custodial sentence. The accused is a 21 year old male whom the Court believes is a hardworking student striving to achieve something not only for his future but for that of his family.
11. As mentioned before the victims and the accused are all from the same village whose houses are close to each other. The victim impact report confirmed the apology by the accused and his parents to their families and they have accepted the apologies. There are no ill feelings existing between the victims and the accused and/or their families. This is most important to a close knit community like that of Leonē, for the families to be able to live together peacefully.
12. In the current climate where a lot of youth drop out of school, this young accused who works so hard at school to get somewhere deserves a second chance.
13. The accused is convicted and a 12 month suspended sentence is imposed for each charge.
    

JUSTICE TUATAGALOA