Police v Taumafai [2018] WSSC 133 (20 December 2018)

SUPREME COURT OF SAMOA
Police v Taumafai [2018] WSSC 133

Case name:	Police v Taumafai
Citation:	[2018] WSSC 133
Decision date:	20 December 2018
Parties:	POLICE v TAUTAI TAUMAFAI male of Sapulu Faleasiu & Afega.
Sentencing date(s):	1 November 2018
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	JUSTICE LEIATAUALESA DARYL MICHAEL CLARKE
On appeal from:
Order:	- Accordingly, in respect of the charge before the Court, you are convicted and sentenced to 12 months supervision on the following conditions: - a) You are to attend any Alcohol and Anger Management Program as you may be directed by the probation service; - b) You are to carry out 100 hours of community work; and - c) You are directed to consult with the probation service and your church to conduct the following: - • To conduct forums with your village matai and your church about your experience with the police and the Courts and the risks with consuming alcohol and what you have learned from your experience with the law; and - • To conduct similar forum with the youth of your village
Representation:	Q Sauaga for prosecution Accused self-represented
Catchwords:
Words and phrases:	caused grievous bodily harm; offending was pre-meditated; assault targeted the victim’s head
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN

P O L I C E
Prosecution

A N D

TAUTAI TAUMAFAI male of Sapulu Faleasiu & Afega.
Accused

Counsel:
Q Sauaga for prosecution
Accused self-represented

Decision: 20 December 2018

O R A L S E N T E N C E

The Charges:

[1] Tautai, you appear for sentence on one charge that on the 27 January 2018 with intent to cause grievous bodily harm to Seu Tautai Manoe, you caused grievous bodily harm to him. You entered a guilty plea to that charge on the hearing date. You had entered an early guilty plea in respect of the alternative charge of assault occasioning actual bodily harm. That charge was withdrawn by leave this afternoon on application by counsel for the prosecution.

The Offending:

[2] According to the Summary of Facts, on Saturday 27 January this year at Sapulu, you and the victim attended the village saofa’i in the morning. After the ceremony, you together with other matai began a drinking session starting at around 10am. You told me this afternoon that that drinking session occurred at an abandoned house. Between 2 and 3pm, you left that abandoned house and continued drinking at the victim’s house. At the victim’s house, you ended up having a verbal argument with him over matters relating to your family. This caused you to become upset. You told the victim to stay behind whilst you and other matais left.

[3] The victim later left his house and on his way to a store, he stopped at a three corners. He spoke to other men of the village at that three corners. He did not know that you were nearby but he then heard some of the village men trying to stop you from walking towards the victim to start a fight. The victim then left the scene and went to his cousin’s home and whilst he was there on the veranda, the victim saw you approaching. You punched the victim which caused him to fall down and lose consciousness. You then assaulted the victim repeatedly and did not stop until village men intervened and took you away. The victim was taken to the hospital and the following injuries were noted:

(i) Multiple facial wounds;

(ii) Laceration below the right eye and;

(iii) Full thickness laceration in both the upper and lower lid of the left eye.

[4] The victim underwent surgery and was given various injections and other medication.

The Accused:

[5] You are a 60 year old male of Faleasiu and Afega. You are the second oldest of 4 children. You completed school to year 10. You say in your Pre-Sentence Report that you are in a de-facto relationship although you have accepted the summary of facts which says that you are married. You have 8 children and 9 grandchildren. You are a first offender. You have held various jobs in labouring and building. You are described by your pastor as an active member of the church. Your pulenuu says you are a matai, a loving, humble, helpful and good family man.

[6] The victim is your cousin. He is 47 years and when you entered your guilty plea, he asked for this matter to be withdrawn. He has repeated that request this afternoon to the Court. He confirms that you have apologized and that you have helped them.

Aggravating Features:

[7] The aggravating features of your offending are as follows:

(i) Family relationship between you and the victim. You are cousins;

(ii) Your offending was pre-meditated. You went to the victim at the three corners and was stopped by others from going to the victim to start altercation. When the victim left that area and went to a cousin’s house, you followed him there and assaulted him.

(iii) Your assault targeted the victim’s head and it was a continuing assault. You only stopped your assault when other villagers stopped you. I note that in your pre-sentence report, you referred to the use of a rake handle to assault the victim. That is not however referred to in the summary of facts; and

(iv) The injuries suffered by the victim required surgery.

[8] There are no mitigating features in respect of your offending. There are also no aggravating features personal to you as an offender. You are a first offender at 60 years of age.

Mitigating Factors as an offender:

[9] These are the mitigating factors personal to you as an offender that I accept:

a) Tautai I accept that you are genuinely remorseful;

2. I accept your prior good character. You are 60 years of age and this is the first occasion on which you have appeared for sentencing before the Court;

100. I accept your early guilty pleas to the charge of actual bodily harm which you have accepted early and later your guilty plea on the charge of grievous bodily harm; and

4. Reconciliation with the victim who has asked for the Court for leniency. In matters of this type involving family members it is critical that there’s reconciliation between family members.

[10] Tautai, the assault you committed against your cousin however is a serious one. It was premeditated. You punched your cousin and then persisted with your assault on him until you were stopped by other members of village. All this was caused between you and your cousin over a family dispute. You are a matai of your family and you are expected to be a leader of your family, to show wisdom in decision making, judgment and protection of family members. Despite this being over a family matter where you are expected to show leadership, you behaved in a way that is entirely opposite to what was expected of you as a matai of your family. As stated in the summary of facts accepted by you, you started your drinking session with certain other matai at an abandoned building about 10am in the morning and which continued on to the afternoon. It is little wonder to me that our Courts are full of youth of our community doing the same as you did. Why? Because they are following your very poor example in this case. As a matai you should be ashamed that you have conducted yourself in such a way. Drinking alcohol in such a way and becoming so intoxicated as to carry out this offending. You have set a very poor example to others in your village in particular the youth who may foolishly decide to follow your example. Alcohol fueled violent offending in the community is very prevalent and is the cause of many other matters that come before our Courts.

[11] Prosecution submits that a non-custodial sentence should be imposed given your age, first offender status and the facts of this matter. The Probation states that you are suitable for a non-custodial sentence. In many cases similar to yours a custodial sentence is imposed. I have however considered your matter carefully and what prosecution and probation have said to me. The sentence however will require you to speak to your village matai, church and the youth to explain your experience with the law, the mistakes you have made and why they should not follow the example that you have set in this case. By doing so Tautai you can give back to the community constructively and hopefully avoid others from following the path that you took. And if you do so, you will be helping the Court and the police and our community.

Result:

[12] Accordingly in respect of the charge before the Court, you are convicted and sentenced to 12 months supervision on the following conditions:

1. You are to attend any Alcohol and Anger Management Program as you may be directed by the probation service;

b) You are to carry out 100 hours of community work; and

100. You are directed to consult with the probation service and your church to conduct the following:

• To conduct forums with your village matai and your church about your experience with the police and the Courts and the risks with consuming alcohol and what you have learned from your experience with the law; and

• To conduct similar forum with the youth of your village

[13] The purpose of these forums Tautai is to educate others in your village and the church about the risks of excess consumption of alcohol that leads to offending and being brought before the Court. I am hopeful that someone such as yourself Tautai by working with the probation service, that you will be able to help others from your village and your church avoiding that same sort of path that you took on this one occasion.

JUSTICE CLARKE