Police v Taua [2018] WSSC 58 (24 April 2018)

SUPREME COURT OF SAMOA
Police v Taua [2018] WSSC 58

Case name:	Police v Taua
Citation:	[2018] WSSC 58
Decision date:	24 April 2018
Parties:	POLICE v MICHAEL TAUA male of Manono and Lotopa.
Hearing date(s):
File number(s):	S1927/17
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	CHIEF JUSTICE SAPOLU
On appeal from:
Order:	- Having considered the aggravating features relating to the offending and the mitigating features relating to the accused as offender, I have decided to give the accused a second chance to redeem himself. At his relatively young age, his future is still before him and I hope that he will not spoil his future by again committing the type of offence for which he is now appearing for sentence.
Representation:	L Mamaia for prosecution Accused in person
Catchwords:	armed with a dangerous weapon – aggravating features relating to the offending – mitigating features relating to the accused as offender – threat to kill – pleaded guilty at the earliest opportunity
Words and phrases:
Legislation cited:	Crimes Act 2013, s.129 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

MICHAEL TAUA male of Manono and Lotopa.
Prosecution

Counsel:
L Mamaia for prosecution
Accused in person

Sentence: 24 April 2018

S E N T E N C E

The charges

1. The accused appears for sentence on one charge of threat to kill, contrary to s.129 of the Crimes Act 2013, which carries a maximum penalty of 3 years imprisonment, and one charge of being armed with a dangerous weapon, contrary to s.25 of the Police Offences Ordinance 1961, which carries a maximum penalty of one year imprisonment. To both charges, the accused pleaded guilty at the earliest opportunity.

The offending

2. According to the prosecution’s summary of facts confirmed by the accused, the accused is 25 years and the victim is 18 years. The two of them are brothers.
3. On Wednesday night 15 November 2017, the accused and the victim had an argument which led to a fight between the two of them. The accused then grabbed a machete and walked to the victim. Fearing for his safety, the victim ran away and hid in a neighbour’s house. When the accused approached the house where the victim was hiding, some of the neighbours stopped him and removed the machete from his hand. As the neighbours were trying to calm down the accused, he called out to the victim “o le po a lenei ou ke fasiokia ai ma oe, ma o le a ou alu e aumai kamaiki e fasi oe” (tonight I will kill you and I am going to bring the boys to beat you up).

The accused

4. The accused’s pre-sentence report shows that he is 25 years and married with a 3 year old child. He had a good level of education having graduated from the National University of Samoa with a certificate in electrical engineering. He is currently employed at the Electric Power Corporation.
5. The accused’s mother told the probation service that the accused is her right hand man in many ways and his involvement in this matter is out of character. The accused’s wife says in her written testimonial that her husband is a kind, dependable, supportive, and hardworking person. The accused and the victim have also reconciled and their brotherly relationship is back to normal again. The accused has also expressed remorse to the probation service as this matter has affected his family especially his mother. He has also expressed remorse to the Court. The accused is also a first offender.

The aggravating features relating to the offending

6. The aggravating features relating to this offending are: (a) the accused, with a machete in hand, followed the victim to the neighbour’s house where the victim was hiding, and (b) he was still armed with the machete when he made the verbal threat to kill the victim even though at that time he was already being restrained by his neighbours who were also trying to calm him.

The mitigating features relating to the accused as offender

7. The mitigating features relating to the accused as offender are as follows:
   • (a) remorse,
   • (b) reconciliation between the accused and the victim,
   • (c) previous good character, and
   • (d) early guilty plea.

Discussion

8. Having considered the aggravating features relating to the offending and the mitigating features relating to the accused as offender, I have decided to give the accused a second chance to redeem himself. At his relatively young age, his future is still before him and I hope that he will not spoil his future by again committing the type of offence for which he is now appearing for sentence.

Result

9. The accused is convicted and given a suspended sentence of 12 months on the ground that he is not to re-offend during that time. He is also ordered to undergo during that time the anger management programme conducted by the probation service in order to address his anger issues.

CHIEF JUSTICE