Police v Taleni [2019] WSSC 87 (20 November 2019)

IN THE SUPREME COURT OF SAMOA
Police v Taleni [2019] WSSC 87

Case name:	Police v Taleni
Citation:	[2019] WSSC 87
Decision date:	20 November 2019
Parties:	POLICE (Informant) and TUIMANU’A TALENI, male of Fagalii-uta & Saleaaumua (Defendant)
Hearing date(s):
File number(s):
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Mata Keli Tuatagaloa
On appeal from:
Order:	The defendant is convicted and sentenced as follows: (i) 16 months’ supervision; (ii) Attend an anger management program recommended by Probation; and (iii) The defendant to serve 80 hours’ community service.
Representation:	Q Sauaga for Prosecution T Leavai for the Defendant
Catchwords:	grievous bodily harm – armed with a dangerous weapon – early guilty plea – first offender – remorseful
Words and phrases:
Legislation cited:	Crimes Act 2013 s. 118(1) 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

AND:

TUIMANU’A TALENI, male of Fagalii-uta and Saleaaumua

Defendant

Counsel: Q Sauaga for Prosecution
T Leavai for the Defendant

Sentence: 20 November 2019

SENTENCING OF TUATAGALOA J

1. The defendant appears for sentencing on the charge of grievous bodily harm which carries a maximum penalty of ten (10) years’ imprisonment;^[1] and armed with a dangerous weapon, namely, a golf club which offending carries a maximum penalty of 12 months’ imprisonment.^[2]

The offending (in summary)[3]

2. The defendant was a bus driver at the time of the offending and the victim was driving a taxi. On the morning of the incident at around 8.30am both the defendant and the victim were on the road going around the town clock. They had an exchange on the road which led to the incident when they both stopped at the traffic lights at Maluafou. While they were at the lights, the defendant whose bus was behind the victim’s taxi got out with a golf club and walked over to the victim’s side of the vehicle. Inside the victim’s vehicle were three men whom he said worked for him as carpenters. These men got out of the taxi and led the defendant away from the taxi back to his bus. At that time, the victim got out of the taxi; took out a spirit level (fuavai) from the boot of his vehicle and walked over to where the defendant was with his men. The defendant saw the victim walking over with the spirit level and (as I accepted at the disputed facts hearing) they both struck at each other at the same time. As a result, the tips of the victim’s 3^rd and 4^th fingers on his left hand were badly injured, they were found to be non-viable and were severed at the hospital.

Victim impact report

3. The victim does not say how (if any) the injuries to the tips of his 3^rd and 4^th fingers on his left hand have had a negative impact on his livelihood or quality of life. I can only assume since the victim does not mention anything it would mean that any negative impact is very minimal as to whatever he does for a living. From the summary of facts, he is a carpenter and also drives a taxi.

The defendant

4. The accused is 37 years’ old from the villages of Fagalii-uta and Saleaumua, Aleipata. He is married with an 8 year old son. The defendant from the pre-sentence report is well educated right up to secondary education; he also attended a Bible Training School in American Samoa and upon returning to Samoa has managed to secure various jobs one of which is driving a bus for his Pentecostal Church. Attached to his pre-sentence report are written testimonials from his wife, church, former and current employer who all spoke of his good qualities.
5. The following are mitigating factors in favour of the defendant:
   • (i) He is a first offender;
   • (ii) He pleaded guilty;
   • (iii) He is remorseful.
6. The Prosecution in light of the outcome of the disputed facts hearing reviewed and amended its sentencing memorandum and seeks for a non-custodial sentence.
7. Two of the aggravating factors on the impact of the offending and the continuous attack (submitted by prosecution) cannot be sustained with the facts and circumstances of this particular offending:
   • (i) As I mentioned before the victim did not make reference to how the injuries to his fingers impacted on the quality of his life and work. The victim only spoke of the financial impact I highly doubt and find the mention of a $400 medical bill as absurd as treatment at the National Hospital is only $5 or $10 and with the cost of medication on top, it will still not come to such an amount. Furthermore, the victim did not say in the VIR of any psychological impact of the injuries on him.
   • (ii) There was no continuous attack.
8. The mitigating factors personal to the defendant are his early guilty plea and first offender status. There is nothing adverse said or provided by the prosecution about the accused previous good character. I will allow considerable discounts for those two. The victim confirmed an apology by the defendant to him when he was remanded on bail.
9. What took place on this day was very unfortunate. Both the defendant and the victim were angry and had total disregard towards the public or other road users that morning. Their vehicles were both stationary at the traffic lights when the incident took place. They each had an opportunity to walk away but chose not to. In saying that, the defendant is the one who approached the victim first; if he had not approached nothing would have happened.
10. The circumstances of this offending in my view does not warrant a custodial sentence but a longer supervision term and for the defendant to attend an anger management program. The defendant is hereby warned that should he appear again before this Court with similar offending the only option available to him will be prison.
11. The defendant is convicted and sentenced as follows:
    • (i) 16 months’ supervision;
    • (ii) Attend an anger management program recommended by Probation; and
    • (iii) The defendant to serve 80 hours’ community service.
      

JUSTICE TUATAGALOA

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^[1] Crimes Act 2013, section 118(1)
^[2] Police Offences Ordinance 1961, section 25
^[3] Refer to Summary of Facts for full set of facts