Police v Niusila [2021] WSSC 72 (4 May 2021)

IN THE SUPREME COURT OF SAMOA
Police v Niusila [2021] WSSC 72 (04 May 2021)

Case name:	Police v Niusila
Citation:	[2021] WSSC 72 (04 May 2021)
Decision date:	04 May 2021
Parties:	POLICE v MATINI NIUSILA a.k.a MATINI PENUAFA, male of Leulumoega (Defendant)
Hearing date(s):
File number(s):
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Niavā Mata Keli Tuatagaloa
On appeal from:
Order:	The defendant is convicted and sentenced to 13 months, or 1 year and 1 month imprisonment. Less any time in custody.
Representation:	V. Faasii for Prosecution Defendant appears in Person
Catchwords:	Grievous bodily harm – under influence of alcohol – provocation – victim sustained multiple injuries – custodial sentence.
Words and phrases:
Legislation cited:	Crimes Act 2013, s. 118.
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:

MATINI NIUSILA a.k.a MATINI PENUAFA, male of Leulumoega-tuai

Defendant

Counsel: V. Faasii for Prosecution
Defendant appears in Person

Date: 04 May 2021

S E N T E N C E

1. The defendant appears for sentence on the charge of grievous bodily injury with maximum penalty of 10 years’ imprisonment.^[1]
2. The defendant is a 32 year old male of Leulumoega-tuai. He graduated from the Alcohol and Drugs Court (“ADC”) in 2017 but has re-offended whilst under the influence of alcohol. Issues identified for this defendant in ADC is his tendency to consume alcohol and anger issues, and the combination makes him vulnerable to offending.
3. The victim is a 55 year old who was drinking with the defendant and another man while waiting for Joseph Parker’s fight on 27 February 2021.
4. It is clear that the defendant was provoked by the victim who initiated what eventually led to the assault. The victim punched the defendant on the face causing the defendant’s nose to bleed; the defendant did not retaliate but stood up and walked away to leave. The victim did not leave the defendant alone, instead followed him to which the defendant turned around and punched the victim. The victim fell down and the defendant continued to assault him. Afterwards, the defendant left and asked one of the families nearby to take the victim to the hospital.
5. The victim suffered the following injuries:
   • swollen right check;
   • swollen right eye;
   • fractured jaw; and
   • laceration on the left side of the head.
6. The victim arrived at the hospital unconscious and unresponsive.
7. A starting point of 3 years is appropriate. I find that the provocation by the victim played a huge part to what happened and deduct 12 months. I also find in favour of the defendant the fact that he asked one of the families nearby to take the victim to the hospital instead of just leaving him lying unconscious on the ground and deduct 6 months. I give 25% for early guilty plea amounting to 5 months. This leaves 13 months.
8. The defendant is convicted and sentenced to 13 months, or 1 year and 1 month imprisonment. Less any time in custody.
   

JUSTICE TUATAGALOA

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^[1] Crimes Act 2013 s. 118.