Police v Faauuga [2020] WSSC 62 (29 July 2020)

SUPREME COURT OF SAMOA
Police v Faauuga [2020] WSSC 62

Case name:	Police v Faauuga
Citation:	[2020] WSSC 62
Hearing date:	29 July 2020
Parties:	POLICE v SALEUFI FAAUUGA male of Faleula uta and Samusu Aleipata.
File number(s):	S1458/16 .
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court Samoa Mulinuu
Judge(s):	Justice Fepulea’i Ameperosa Roma
On appeal from:
Order:	On your plea of guilty to the charge of murder, I sentence you accordingly. You are convicted and sentenced to imprisonment for life.
Representation:	Ms F. Ioane for Prosecution Ms T. Leavai for Accused
Catchwords:
Words and phrases:	Murder – unlawful act
Legislation cited:	Sentencing Act 2016 s.66
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN

POLICE
Informant

A N D

SALEUFI FAAUUGA male of Faleula uta and Samusu Aleipata
Defendant

Counsel: Ms F. Ioane for Prosecution

Ms T. Leavai for Accused

Decision: 29 July 2020

ORAL RULING OF JUSTICE ROMA
ON PROSECUTION’S APPLICATION TO IMPOSE MINIMUM PAROLE PERIOD

A. Background

[1] You were charged with one count of murder. The particulars of the offence are that on the 18^th June 2016 at Faleula uta, by an unlawful act, namely firing a gunshot through the mouth of Alatasi Auseuga, you caused his death.

[2] You had denied the charge and for some reason not clear from the record, this matter has taken 4 years before you sought to vacate your not guilty plea on the 30^th June 2020 and substitute a guilty plea to the charge.

B. Prosecution’s Application

[3] Following your guilty plea, prosecution sought an adjournment to file an application for an Order from this Court to impose on you a minimum period of imprisonment of at least 17 years under section 66, Sentencing Act 2016. Through your Counsel, you oppose the application and I have received submissions from both prosecution and your Counsel.

[4] The submissions however do not address an important issue which I have earlier this afternoon raised with Counsel, and this relates to whether the Court can grant an Order under section 66 in your case given that your offending occurred before the commencement of the Sentencing Act 2016, and the express provisions of its section 86.

C. Sentencing Act 2016

[5] The Sentencing Act 2016 was assented to on the 9^th February 2016 and commenced on the 1^st November 2016 (see Preamble). Section 66 under which prosecution seeks an Order states:

“Imposition of minimum period of imprisonment of 17 years or more - The court must make an order under section 65 imposing a minimum period of imprisonment of at least 17 years in the following circumstances, unless it is satisfied that it would be manifestly unjust to do so:

(a) if the murder was committed in an attempt to avoid the detection, prosecution, or conviction of any person for any offence or in any other way to attempt to subvert the course of justice; or

(b) if the murder involved calculated or lengthy planning, including making an arrangement under which money or anything of value passes (or is intended to pass) from one person to another; or

(c) if the murder involved the unlawful entry into, or unlawful presence in, a dwelling place; or

(d) if the murder was committed in the course of another serious offence; or

(e) if the murder was committed with a high level of brutality, cruelty, depravity, or callousness; or

(f) if the murder was committed as part of a terrorist act under the laws relating to counter terrorism; or

(g) if the deceased was a police officer or a prison officer acting in the course of his or her duty; or

(h) if the deceased was particularly vulnerable because of his or her age, health, or because of any other factor; or

(i) if the defendant has been convicted of 2 or more counts of murder, whether or not arising from the same circumstances; or

(j) in any other exceptional circumstances.”

[6] Under section 86, being one of its transitional provisions, it is stated:

“Defendant convicted of murder committed before commencement date-

(1) This section applies if a defendant is sentenced on or after the commencement date for the crime of murder committed before that date.

(2) Except as provided in subsection (3), the defendant must be sentenced under this Act.
(3) Section 66 does not apply to the sentencing of a defendant to whom this section applies.”

D. Discussion

[7] Clearly under the provisions of section 86, where a defendant is sentenced on or after the commencement date for the crime of murder committed before that date, section 66 under which prosecution is bringing this application does not apply. Put simply, except for murder, all defendants convicted of offences committed prior to the commencement date and sentenced on or after that date, must be sentenced under the Sentencing Act 2016.

[8] The commencement date of the Sentencing Act 2016 is the 1^st November 2016. The date on which the murder was committed as now admitted by you is the 18^th June 2016, almost 5 months prior to the commencement date. Under section 86 therefore, prosecution is precluded from bringing this application.

[9] Prosecution have now sought to withdraw their application. That is their only option. Mine had they decided to proceed with the application would be to dismiss it. I grant the prosecution’s application to withdraw their application under section 66, Sentencing Act 2016.

[10] The only matter now remaining is for me is to sentence you in accordance with the provisions of section 103, Crimes Act 2013. It says that “a person who commits murder shall upon conviction be sentenced to imprisonment for life.”

E. Result

[11] On your plea of guilty to the charge of murder, I sentence you accordingly. You are convicted and sentenced to imprisonment for life.

JUSTICE FEPULEA’I A. ROMA