Police v Faga [2018] WSSC 71 (25 April 2018)

THE SUPREME COURT OF SAMOA
Police v Faga [2018] WSSC 71

Case name:	Police v Faga, Punavai and Faga
Citation:	[2018] WSSC 71
Sentence date:	25 April 2018
Parties:	POLICE (Prosecution) v FARANI FAGA, IEREMIA PUNAVAI and LAUMATA FAGA, males of Satapuala Accused
Hearing date(s):
File number(s):
Jurisdiction:	Criminal
Place of delivery:	The Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Tafaoimalo Leilani Tuala-Warren
On appeal from: Order:	Complimentary All three accused are convicted of two counts of causing grievous bodily harm and one count of burglary and sentenced to 1 year and 2 months imprisonment. Falani is convicted of intentional damage and sentenced to 5 months imprisonment, to be served concurrently with his sentence for causing GBH and burglary. Laumata is convicted of intentional damage and sentenced to 5 months imprisonment to be served concurrently with his sentence for causing GBH and burglary
Representation:	I Atoa for Prosecution Accused unrepresented
Catchwords:	Causing grievous bodily harm Burglary
Words and phrases:
Legislation cited:	Crimes Act 2013, section 118 (1) Crimes Act 2013, section 174
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

FARANI FAGA, IEREMIA PUNAVAI and LAUMATA FAGA males of Satapuala
Accused

Counsel:
I Atoa for Prosecution
Accused unrepresented

Sentence: 25 April 2018

SENTENCE

The charges

1. All three accused appear for sentence on two joint charges of causing grievous bodily harm with intent, pursuant to s.118(1) of the Crimes Act 2013, which carry a maximum penalty of 10 years imprisonment, and one charge of burglary pursuant to section 174 of the Crimes Act 2013 which carries a maximum penalty of 10 years imprisonment.
2. The accused Falani and Laumata are each being sentenced on an additional charge of intentional damage pursuant to section 184(2)(a) of the Crimes Act 2013 which carries a maximum penalty of 7 years imprisonment.
3. They pleaded guilty to the charges on 26 March 2018.

The offending

4. The Prosecution summary of facts admitted by the accused says that on 6 September 2017, the two victims were sleeping after work at about 4pm. They heard someone swearing outside their house. They went outside to look and the accused Falani entered their house and threw one of the victims with a rock. A fourth co-accused who is subject to an outstanding warrant of arrest, and Ieremia entered the house of the victims and started beating up the first victim. Laumata entered the house with a rock and tried to punch the first victim in the face. Ieremia and Falani both started hitting the first victim on the head with rocks. The first victim lost consciousness.
5. Laumata then damaged the victim’s stereo while Falani struck the victim’s flat screen television with a rock.
6. The second victim who had been chased away entered the house and Laumata was sitting on the first victim trying to gorge out his eyeballs. The second victim tried to tackle Laumata off the first victim. Falani grabbed a steel chair and struck the second victim on the head. The second victim lost consciousness. Laumata then took the chair and continued to hit the second victim.
7. The neighbours intervened and stopped the beatings.
8. The first victim suffered a laceration on the scalp, multiple lacerations on the head, lacerations on the face and left side of the back, laceration on the left arm, cut on the left ankle and abrasions on the face and body. The second victim suffered a swollen and bruised right eye, mid forearm fracture and a laceration on the head.
9. The total value of the damaged TV is $300.00 and the stereo is $1,500.00.

The accused

Falani Faga

10. As shown in the pre-sentence report, Falani is 28 years old and is single. He is unemployed and renders service to his uncle with whom he lives.
11. His uncle and religious leader support Falani saying he is a person of good character.
12. According to Falani and the other two accused, this happened after the accused had a drinking session.
13. He is a first offender.

Ieremia Punavai

14. Ieremia is a 22 year old single male of Satapuala. He works at Lucky Construction.
15. His sister says that Ieremia is quiet, calm and hard working and that his actions are out of character. His Reverend and village mayor have provided testimonials that he is active in the church and village.
16. He is a first offender.

Laumata Faga

17. Laumata is 31 years old, married with 2 children. He works at the airport earning $150 per week. He was on a church mission from 2008 to 2010. He plays rugby for the district.
18. His father spoke highly of him to Probation. His Bishop and village mayor both say he is active in the church and village.
19. He is a first offender.

The victims

20. There are two victims of this offending. The first victim is 30 years old and works at STEC. The second victim also works at STEC and is 21 years old.
21. There has been reconciliation between the accused and the first victim. The first victim says he has forgiven the accused.

Aggravating features of the offending

22. The aggravating features of this offending are;
    1. It was a home invasion in which the accused entered the home of the victims and beat them inside their own home;
    2. They damaged property of significant monetary value;
    3. It was an unprovoked attack started by the accused;
    4. The injuries sustained by the victims were not minor and the victims both lost consciousness while beaten;
    5. There were multiple attackers, being 4 accused against the 2 victims;and
    6. They used a steel chair and rocks;

Mitigating Factors

23. I will take into account;

7. The testimonials in their favour and their personal circumstances;

8. Their belated guilty pleas;

9. The reconciliation with the first victim; and

10. Their remorse expressed in Court.

Discussion

24. The Prosecution submits that a starting point of 3 years is appropriate.
25. This is yet another case of senseless unprovoked violence fuelled by alcohol. It is fortunate that the victims survived the group attack.
26. This sentence will focus on deterrence and given that focus, the sentence will be custodial.
27. I apply the totality principle to causing Grievous bodily harm and burglary and take the starting point at 3 years imprisonment. I deduct 10 months for the testimonials in their favour and their personal circumstances. I deduct 7 months for their belated guilty pleas. For the reconciliation I deduct 3 months and for the remorse they have expressed in Court I deduct 2 months.

Sentence

28. All three accused are convicted of two counts of causing grievous bodily harm and one count of burglary and sentenced to 1 year and 2 months imprisonment.
29. Falani is convicted of intentional damage and sentenced to 5 months imprisonment, to be served concurrently with his sentence for causing GBH and burglary.
30. Laumata is convicted of intentional damage and sentenced to 5 months imprisonment to be served concurrently with his sentence for causing GBH and burglary.

JUSTICE TAFAOIMALO LEILANI TUALA-WARREN