Police v Peters [2018] WSSC 4 (24 January 2018)

SUPREME COURT OF SAMOA
Police v Peters [2018] WSSC 4

Case name:	Police v Peters
Citation:	[2018] WSSC 4
Decision date:	24 January 2018
Parties:	POLICE v GUS PETERS male of Vailoa Faleata
Hearing date(s):	23 January 2018
File number(s):	S919/17
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	CHIEF JUSTICE
On appeal from:
Order:	- Convicted and sentenced to 8 years and 3 months imprisonment. - Any time the accused has spent in custody pending the outcome of this matter is to be deducted from the concurrent sentence
Representation:	A Matalasi prosecution K Koria for accused
Catchwords:
Words and phrases:	aggravating features relating to the offending - aggravating features relating to the accused as offender –armed with a dangerous weapon without a lawful purpose– attempted murder –maximum penalty – mitigating feature in the circumstances of this case – sentence
Legislation cited:	Crimes Act 2013, s.104 Police Offences Ordinance 1961, s.25
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

GUS PETERS male of Vailoa Faleata.
Accused

Counsel:
A Matalasi prosecution
K Koria for accused

Sentence: 24 January 2018

S E N T E N C E

The charges

1. The accused Gus Peters appears for sentence on one charge of attempted murder, contrary to s.104 of the Crimes Act 2013, which carries a maximum penalty of life imprisonment, and one charge of being armed with a dangerous weapon without a lawful purpose, contrary to s.25 of the Police Offences Ordinance 1961, which carries a maximum penalty of one year imprisonment. He had initially pleaded not guilty to the charge of attempted murder and guilty to the charge of being armed with a dangerous weapon but on the date of hearing he changed his plea of not guilty to the charge of attempted murder to one of guilty.

The offending

2. According to the prosecution summary of facts, on 18 June 2017, the victim was drinking at Tulaele with a friend of the accused and other people. Around 1:00am, the accused arrived in a car to pick up his friend. He became involved in a verbal exchange with one of the people who were drinking with his friend. He then left in his car and returned to his house at Vailoa, Faleata, where he picked up a kitchen knife and went back in his car to the scene of this incident at Tulaele with his two younger brothers. When he arrived back at Tulaele only the victim and the accused’s friend were still at the scene. He then got out of the car and walked over to the victim and stabbed the victim twice on the back. The accused told the probation service that he was provoked by the victim who swore at him and then punched him but missed. Because he was angry, he intended to kill the victim. The victim then ran away and was chased by the accused with the knife. The victim suffered two deep lacerations on his back when the accused stabbed him.
3. The victim impact report shows that each laceration on the accused’s back required three stitches. The victim’s right lung was also affected but that injury has healed. It took four weeks for the accused to recover from his injuries.

The accused

4. The accused is a 36 year old male of Vailoa, Faleata. The pre-sentence report shows that he is married with two children. He was employed as a fisherman on his aunty’s fishing alia but is now unemployed.
5. The pre-sentence report also shows that the accused has previous convictions for offences which involved the use of violence. On 18 April 2011, the accused was convicted of obstruction to the performance of police duty, insulting words, and being armed with a dangerous weapon without a lawful excuse and was ordered to come up for sentence within 12 months and to perform 100 hours community service. He did not complete his hours of community service. On 24 February 2014 he was sentenced to 18 months imprisonment on the charge of causing actual bodily harm. In 2015 when he was released from prison on weekend parole he reoffended and was charged with assault, intentional damage, being armed with a dangerous weapon without a lawful purpose, and throwing an object. For those offences, he was sentenced to 2 years supervision with the special condition that he was to perform 50 hours community service and to pay compensation to the complainant. He did not comply with the terms of his sentence or the conditions of his supervision.
6. The accused’s wife told the probation service that the accused is a supportive husband who provided financial support for her and her children. She asks for mercy on her husband. The pastor of the accused’s church also asks for mercy on the accused.

The victim

7. The victim is 26 years old. At the time of this incident he was employed at a rental car company. As a result of his injuries, he was notable to go to work for four weeks.
8. The victim impact report also shows that since this incident when the victim runs or performs physical work he starts to puff quicker than before this incident.

The aggravating features relating to the offending

9. The following are the aggravating features relating to this offending:
   • (a) the use by the accused of a weapon, namely, a kitchen knife to stab the victim,
   • (b) the number of stabs inflicted by the accused on the victim and then chasing after the victim with the knife when the victim ran away,
   • (c) the injuries suffered by the victim,
   • (d) the impact of the offending on the victim,
   • (e) the degree of premeditation involved as the accused appears to have acted out of revenge when he went to his house and got a knife and then came back to the scene of this incident with his two younger brothers,
   • (f) vulnerability of the victim who was unarmed, and
   • (g) the age difference of 10 years between the accused who is 36 years old and the victim who is 26 years old.

The mitigating features relating to the offending

10. The accused told the probation service that he was provoked by the victim because the victim swore at him and then punched him but missed.

The aggravating features relating to the accused as offender

11. The accused’s previous convictions for similar offences which involved the use of violence and his non-compliance with his previous sentences and terms of supervision are aggravating features relating to the accused as offender.

The mitigating features relating to the accused as offender

12. The only mitigating feature relating to the accused as offender is his belated guilty to the charge of attempted murder which was only entered on the morning of the hearing. I will not accept the pleas for mercy by the wife of the accused and the pastor of his church as a mitigating feature in the circumstances of this case.

Discussion

13. Having regard to the aggravating and mitigating features relating to the offending, I will take 7 years as the starting point for sentence in respect of the charge of attempted murder. I will add on 2 years for the accused’s previous convections. That increases the starting point to 9 years. I will deduct 9 months or 10% for the belated guilty plea. That leaves 8 years and 3 months.

Result

14. On the charge of attempted murder, the accused is convicted and sentenced to 8 years and 3 months imprisonment.
15. On the charge of being armed with a dangerous weapon without a lawful purpose, the accused is convicted and sentenced to 6 months imprisonment.
16. Both sentences to be concurrent.
17. Any time the accused has spent in custody pending the outcome of this matter is to be deducted from the concurrent sentence.

CHIEF JUSTICE