Police v Lafaele [2021] WSSC 46 (20 September 2021)

SUPREME COURT OF SAMOA
Police v Lafaele [2021] WSSC 46

Case name:	Police v Lafaele
Citation:	[2021] WSSC 46
Decision date:	20 September 2021
Parties:	POLICE v GIOVANNIE LAFAELE male of Laulii and Ululoloa.
Hearing date(s):
File number(s):	S1167/21
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	CHIEF JUSTICE
On appeal from:
Order:	- I therefore make an order discharging you of all charges without conviction.
Representation:	F Ioane for prosecution Accused in person
Catchwords:
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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

GIOVANNIE LAFAELE male of Laulii and Ululoloa.
Accused

Counsel:
F Ioane for prosecution
Accused in person

Sentence: 20 September 2021

SENTENCE OF PERESE CJ

1. The defendant is a 24 year old man from Laulii and Ululoloa. He is married with two children and employed.
2. The victim is a 26 year old male of Vaimea. He is single and employed.
3. On 16 February 2020 at Vaimea, at around 2.30am, the defendant approached the victim’s house whilst the victim was allegedly home alone. There is no suggestion that the defendant knew that the victim was home alone; I note there is evidence which challenges whether he was in fact home alone. On his arrival at the victims home, the defendant proceeded to remonstrate or argue with the victim over a personal dispute. The defendant tried to open the front door with force, whilst at the same time the victim locked the door from the inside.
4. The defendant then punched a hole in the door and reached through and unlocked the door. The defendant entered the victim’s property and he attacked the victim by rushing the victim and delivering multiple punches to him. During the attack the defendant damaged property to the value of $264 SAT. The victim was also left with injuries – abrasions and an open wound to his upper arm; an open wound on his right lower leg; abrasions on his upper back; and abbrassions on his left index finger.
5. The defendant was charged with and pleaded guilty to a charge of burglary (S 1167/21), causing injury (S 1203/21); being armed with a dangerous weapon (S 1181/21); and intentional damage (S 1179/21).
6. In sentencing you today I have taken into account submissions from you, and the Prosecution’s helpful sentencing memorandum; the summary of facts which you accept, and the Supplementary Report provided by Probation Services, dated 6 September 2021, which has been of assistance. I understand from the Probation report that the parties have reconciled, and the you have paid the victim the sum of $350 towards the costs of the property damage. The amount of the payment is in fact more than the value of the damage to property noted in the summary of facts.
7. Clearly, this altercation occured as a consequence of a personal dispute, wherein you have attempted to come to the aid of two members of the victim’s family, who confided in you that the victim had been physically abusing them.
8. Taking the law into your own hands is not condoned by the Court, but I consider that there are strong grounds for a discharge without conviction in this matter. You are a young man, self employed, your motivation was to act in defence of others, and you’ve been forgiven by the victim who has written to the Court asking for the charges be withdrawn. In these circumstances I consider that pursuant to s. 69 of the Sentencing Act 2016, that I am able to exercise my discretion to discharge you without a conviction because I am satisfied that the direct and indirect consequences of a conviction to you, on account of the charges you have pleaded guilty to, are out of all proportion with the gravity of the offending. The charges you have pleaded guilty to are very serious charges and will cause you difficulties, if you were to travel overseas, and in other parts of your life. You must in future learn that you cannot take the law into your own hands, again. This is your chance to get it right.
9. I therefore make an order discharging you of all charges without conviction.

CHIEF JUSTICE