Police v Tausagi [2020] WSSC 14 (28 February 2020)

SUPREME COURT OF SAMOA
Police v Tausagi [2020] WSSC 14

Case name:	Police v Tausagi
Citation:	[2020] WSSC 14
Decision date:	28 February 2020
Parties:	POLICE v POASA TAUSAGI male of Satapuala.
Hearing date(s):
File number(s):	S1823/19
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):
On appeal from:
Order:	- Convicted and sentenced to 5 months imprisonment less time remanded in custody. This is to be concurrent
Representation:
Catchwords:	assault – aggravating features of the offending – grievous bodily harm – maximum penalty –mitigating factors offender – start point for sentence – sentence
Words and phrases:
Legislation cited:
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

POASA TAUSAGI male of Satapuala.
Accused

Representation: S Faasii for Prosecution
Acused in person

February 2020

O R A L S E N T E N C E

The Charge

[1] You appear for sentence on one charge that with intent to cause grievous bodily harm, you caused grievous bodily harm to Peniata Maugatasi and to a second charge that with intent to cause grievous bodily harm, you wounded Pouleta Iose, a male of Vaie’e Safata.

The offending:

[2] According to the Prosecution Summary of Facts accepted on Wednesday, at around 9:00pm on the 31^st August last year at Vaie’e, the two victims had been drinking. While they were drinking, they saw your nephew walk past heading towards the shop. Pouleta called out to your nephew and gave him money to buy alcohol. You told me that it was $5.00 that he had been given. When your nephew returned with the alcohol but no change, Pouleta became angry and slapped your nephew on the cheek.

[3] Your nephew then left and came and told you what had just happened. You then approached Pouleta and punched him on the right eye. This caused Pouleta to fall to the ground and lose consciousness. You then turned to Peniata and you punched him causing him to fall to the ground and lose consciousness. You then continued to assault Peniata by punching and kicking him in the face. You then again turned to Pouleta and continued to assault him on the ground while he was unconscious. Your cousin intervened and stopped your assault. You then left the scene.

[4] Pouleta suffered a swollen eye and abrasions to his face because of your assault. Peniata on the other hand suffered abrasions to this face, a swollen eye, lacerations to the jaw which required three stiches, laceration to the lower lip which required four stitches, laceration to the left ear which required three stitiches and he lost four teeth. You have previous convictions for similar offending in 2009 and 2014.

Background of the Accused:

[5] You are a 37-year-old male of Fusi Safata and Vaimoso. According to the Summary of Facts, you are employed as a carpenter. In your pre-sentence report, you say that you were raised at Vaivase-tai, you completed school to Year 4 only. You stated in your pre-sentence report that you are a supercargo (supakako) for a bus company.

The Victims:

[6] There are two victims to your offending. They are Pouleta Iose, a 51-year-old male of Vaie’e Safata and 65-year-old Peniata Maugatasi also of Vaie’e Safata. There is no victim impact report on the court file in respect of these two defendants. There does not appear to have been any reconciliation with the defendant Peniata Maugatai. I have however received a letter from Pouleta Iose showing that there has been a reconciliation and forgiveness.

Aggravating Features of Offending:

[7] In terms of the aggravating features of your offending they are as follows:

(i) There are two victims;
(ii) Second is the continuing nature of the assault on both victims while they are on the ground and vulnerable;
(iii) You targeted the head area, and;
(vi.) The very serious injuries caused to Peniata including the loss of four teeth

Mitigating Features of Offending

[8] In terms of mitigating features of your offending the preceding assault on your nephew is a mitigating factor on account of provocation. This is accepted by Prosecution.

Aggravating Features Personal to Offender:

[9] You have prior convictions for similar offending involving violence which is aggravating to you personally.

Mitigating Factors Offender:

[10] In terms of the mitigating factors personal to you, I take into account:

(i) Your genuine remorse;

(ii) Your early guilty plea, and;

(iii) Your reconciliation with the second victim, Pouleta

Discussion

[11] Poasa, you appear for sentencing on two serious charges of assault causing serious harm with intent. They are serious charges with a maximum penalty of up to 10 years imprisonment on each charge.

[12] The photos that have been given to the Court show the serious nature of the injuries suffered by Peniata. He is 65 years of age. While he was on the ground, you continued to kick him. In the course of your assault, amongst other injuries, he lost four teeth. The assault should never have occurred. It is another case of serious violence coming before the Court due to this locally produced type of vodka. You are another male brought before the Court having committed this type of serious offending under the influence of this type of alcohol. The Court has made many statements in respect of this type of alcohol.

[13] Prosecution seeks an imprisonment term with a 3 year start point. I proceed to sentence you applying the totality sentencing principles and information S1823/19 as the lead charge. I accept the start point of 3 years imprisonment but reduce it by 6 months to 2 years and 6 months on account of the provocation involved. On account of your previous convictions for assault, I then uplift the sentence by 6 months to 3 years imprisonment.

Result

[12] From that 3 year imprisonment term I deduct 6 months for your remorse and 7 months for your guilty plea leaving an end sentence of 1 year and 11 months imprisonment. Accordingly, in respect of information S1823/19 you are convicted and sentenced to 1 year 11 months imprisonment less time remanded in custody.

[13] On the second charge of assault on Pouleta Iose, I take into account the additional mitigating factor of reconciliation. You are convicted and sentenced to 5 months imprisonment less time remanded in custody. This is to be concurrent.

JUSTICE CLARKE