Police v Samuelu [2018] WSSC 83 (12 July 2018)

SUPREME COURT OF SAMOA
Police v Samuelu [2018] WSSC 83

Case name:	Police v Samuelu
Citation:	[2018] WSSC 83
Decision date:	12 July 2018
Parties:	POLICE (Prosecution) AND MIKAELE SAMUELU male of Lalomanu Aleipata. (Defendant)
Hearing date(s):	-
File number(s):	S146/18
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	On the charge of grievous bodily harm convicted and sentenced to 18 months imprisonment
Representation:	F Ioane for prosecution Defendant unrepresented
Catchwords:	- causing grievous bodily harm - lose consciousness - throwing stones - significant bleeding - previous convictions - convicted and sentenced
Words and phrases:
Legislation cited:
Cases cited:	R v Taueki [2005] NZCA 174; [2005] 3 NZLR 372 (CA) [2017] WSCA 4
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

MIKAELE SAMUELU male of Lalomanu Aleipata.
Defendant

Counsel:
F Ioane for prosecution
Defendant unrepresented

Sentence: 12 July 2018

SENTENCE

1. Mikaele has pleaded guilty to one charge of causing grievous bodily harm. According to the summary of fact he has accepted he is a 26 year old male of Lalomanu employed at Taufua Beach Fales. The victim in this matter is also a male of Lalomanu.
2. The Summary says that on 28 December 2017 in the evening you and the victim were drinking with other boys of your village and playing pool at the victims fathers pool parlour. Both of you were drunk and started arguing. Resulting in you punching the victim on the side of the head. The summary which you accepted said you then left but came back and punched the victim again causing him to fall heavily on to the ground and lose consciousness.
3. Medical report from the hospital shows the victim suffered significant bleeding into the left side of the brain and only an emergency operation saved his life. The victim spent about two weeks at the hospital recovering. The last line of the medical report says: “This patient quality of life has been affected by his injuries and he is lucky to be alive.” This shows that the injuries you inflicted were extremely serious not to mention life threatening.
4. You told the probation office that you and the victim were drunk after drinking a large bottle of vodka. And that the victim had collared you and swore at you and these things made you angry with him. Well that may be so but that is no excuse for your beating of the victim to the extent that the victim almost died.
5. Your other problem is that you have previous convictions for offences of violence which you have admitted. You have a conviction for throwing stones, actual bodily harm and armed with a dangerous weapon in 2009. The court there gave you a chance and did not send you to prison but placed you on probation. Notwithstanding that you were convicted again according to the probation office of arson in 2012 and sent to prison.
6. No more chances are available to you Mikaele. You must learn you cannot use violence to deal with matters that arise and others must learn that people who use violence and continually break the law, assault others and put their life in danger will only be met with a jail term.
7. The maximum penalty for grievous bodily harm is 10 years in prison. Sentencing in Samoa is generally governed by the decisions of R v Taueki [2005] NZCA 174; [2005] 3 NZLR 372 (CA) and turt of Appf Appeal in Tele’a v National Prosecutifice [2017] WSCA 4 a ca a case surprisingly not referred to by the prosecution in their sentencing memorandum. Based on those dens the prosecution are seek seeking a 2 year start point for sentencing.
8. Considering the seriousness of the injuries suffered by the victim and nature of the attack plus the fact that you delivered not only one blow but returned and delivered a second one, I agree 2 years is an appropriate start point for sentencing. That start point must be increased to 2½ years because of your bad record.
9. In mitigation I note that you pleaded guilty. For that late guilty plea, I will deduct 6 months from the 2½ years start point, leaves 2 years. For the reconciliation and the “sala” (fine) by your “afioaga” (village) I will deduct a further 6 months, leaves 18 months in prison.
10. No other deductions can be made for your matter Mikaele. On the charge of grievous bodily harm convicted and sentenced to 18 months imprisonment. A faapea sa iai se taimi na e nofo taofia ai e faatalitali le faaiuga o le mataupu lenei e tatau ona toese mai le 18 masina lea ua faasala ai oe.

_____________________
JUSTICE NELSON