Police v Ainuu [2018] WSSC 66 (29 May 2018)

SUPREME COURT OF SAMOA
Police v Ainuu [2018] WSSC 66

Case name:	Police v Ainuu
Citation:	[2018] WSSC 66
Decision date:	29 May 2018
Parties:	POLICE v ANGELA NOFOA AINUU male of Faleapuna and Moamoa
Hearing date(s):
File number(s):	S1360/17
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	CHIEF JUSTICE SAPOLU
On appeal from:
Order:	- For the charge of causing actual bodily harm, the accused is convicted and sentenced to 6 months imprisonment. - For the charge of possession of narcotics, accused is convicted and ordered to perform 20 hours community service after he has served his sentence of 6 months imprisonment. - Any time the accused has spent in custody pending the outcome of this matter is to be deducted from his sentence of imprisonment.
Representation:	L Mamaia for prosecution Accused in person
Catchwords:	Alcohol and Drugs Court (ADC) Programme – ADC clinician – aggravating features relating to the offending – mitigating factors relating to the accused as offender – starting point for sentence - sentence
Words and phrases:
Legislation cited:	Crimes Act 2013s.119(2) Narcotics Act 1967 ss. 7 & 18
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

ANGELA NOFOA AINUU male of Faleapuna and Moamoa
Accused

Counsel:
L Mamaia for prosecution
Accused in person

Sentence: 29 May 2018

S E N T E N C E

The charges

1. The accused Angela Ainuu appears for sentence on one charge of causing actual bodily harm, contrary to s.119(2) of the Crimes Act 2013, which carries a maximum penalty of 5 years imprisonment and one charge of possession of narcotics, contrary to s.7 of the Narcotics Act 1967, which carries a maximum penalty of 14 years imprisonment pursuant to s.18. He pleaded guilty to the charges against him on 16 October 2017.

The Alcohol and Drugs Court (ADC) Programme

2. Because the accused’s offending involved alcohol and possession of narcotics, he was referred to the ADC clinician for screening after he pleaded guilty to the charges against him. This was followed by a further assessment and eventually acceptance into the ADC programme which he started on 7 November 2017. He completed 12 weeks on the Intensive Programme and 4 weeks of the 8 week Relapse Programme. He then did not complete the last phase of his treatment and behavioural plan and did not attend the last 4 weeks of his Relapse Programme or his last scheduled ADC monitoring. In consequence, he was exited from the ADC on 27 April 2018 for non-compliance. A warrant was also issued against him for his arrest for breaching his bail conditions. He has now been referred back to this Court for sentencing.

The offending

3. According to the prosecution summary of facts which was accepted by the accused, on 1 October 2017 shortly after midnight, the victim was escorting his female friend across the road from the RSA nightclub in Apia to catch a taxi in front of the National Bank of Samoa while the accused was walking behind them. The victim’s friend got into a taxi and left. The victim then walked back to the RSA nightclub but the accused punched him on the jaw. The victim fell down on the road and was unconscious. The accused then fled the scene leaving the victim unconscious on the road. The security guards from the RSA and National Bank who saw what happened carried the victim onto a pick up vehicle and took him to the hospital. The victim was found to have suffered a laceration on his head. The accused was apprehended from the Fugalei market by the police the same night and taken to the Apia police station. When searched by the police, a half marijuana joint was found on the accused.
4. The accused told the probation service and the Court that at the time of this incident, he had been drinking with some of his cousins at the RSA nightclub. He consumed five large bottles of Vailima larger. The victim whom he knows was also drinking at the RSA. He was then asked by the victim to give him the beer he was holding and he, the accused, should respect him as he is a policeman. The accused did not mind what the victim said to him but his cousins told him that they did not like the victim’s attitude. This made the accused angry towards the victim and was the reason for him punching the victim.

The accused

5. As shown in the pre-sentence report, the accused is 20 years of age. He is single and comes from a low income family. He finished school at Year 11. He was then employed as a waiter at the RSA night club for two years. At the time of this offending, he was helping out with his family’s stall in front of Eveni Carruthers at Beach Road.
6. The accused’s uncle told the probation service that the accused is a reliable and responsible person when it comes to their family’s stall which is their main source of income. The accused has previous convictions for insulting words and obstruction in 2016 and for insulting words in 2017.

The aggravating features relating to the offending

7. It is clear that a significant amount of force was used by the accused when he punched the victim otherwise the victim would not have fallen down and became unconscious. There was also some degree of premeditation for the accused followed the victim and his friend across the road from the RSSA to the National Bank and when the victim was returning to the RSA the accused punched him. The victim also seemed to have been unaware that the accused was going to the punch him. Apart from falling down unconscious, the victim also suffered a laceration which necessitated his being taken to the hospital. The accused then fled the scene leaving the victim unconscious.

The mitigating factors relating to the accused as offender

8. The accused’s plea of guilty to the charges against him is a mitigating factor relating to him as offender.

Discussion

9. Having regard to the aggravating features relating to the offending, I will take 6 months as the starting point for sentence. I will add on 2 months for the previous convictions. That increases the starting point to 8 months. I will deduct a 2 months for the guilty plea. That leaves 6 months.

Result

10. For the charge of causing actual bodily harm, the accused is convicted and sentenced to 6 months imprisonment.
11. For the charge of possession of narcotics, accused is convicted and ordered to perform 20 hours community service after he has served his sentence of 6 months imprisonment.
12. Any time the accused has spent in custody pending the outcome of this matter is to be deducted from his sentence of imprisonment.

CHIEF JUSTICE