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Supreme Court of Samoa |
IN THE SUPREME COURT OF SAMOA
Police v Vaamainuu [2022] WSSC 31 (01 July 2022)
Case name: | Police v Vaamainuu |
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Citation: | |
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Decision date: | 01 July 2022 |
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Parties: | POLICE (Informant) v MU VAAMAINUU, male of Samalaeulu & Ulutogia (Defendant) |
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Hearing date(s): | |
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File number(s): | |
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Jurisdiction: | CRIMINAL |
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Place of delivery: | Supreme Court of Samoa, Mulinuu |
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Judge(s): | Justice Leiataualesa Daryl Clarke |
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On appeal from: | |
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Order: | You are accordingly convicted and sentenced as follows: (a) on the charge of negligent driving causing death on a totality basis, you are convicted and sentenced to 2 years and 4 months
imprisonment, less any time remanded in custody; (b) informations S1820/21 and S1821/21 negligent driving causing injury to Esera Isaia and Leo Posiano, 6 months imprisonment, concurrent to (a) above; and (c) Information S1822/21, 3 months imprisonment concurrent to (a) and (b) above. You are also disqualified from holding or obtaining a driver’s license for a period of 3 years and 6 months. |
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Representation: | T. Sasagi for the Informant A. Lesa for the Defendant |
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Catchwords: | Negligent driving causing death – negligent driving causing injury - consumed alcohol – four victims – one death
– three injured – sleep deprivation – of previous good character – remorseful – ifoga carried out –
early guilty plea – custodial sentence. |
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Words and phrases: | |
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Legislation cited: | |
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Cases cited: | Police v Keji Li [2017] WSSC 170; R v Boswell (1984) 3 All ER 353; R v Cooksley [2003] 3 All ER 40; Seuoti v Police [2006] WSSC 48; |
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Summary of decision: | |
IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU
BETWEEN:
P O L I C E
Informant
AND:
MU VAAMAINUU, male of Samalaeulu and Ulutogia
Defendant
Counsel: T Sasagi for the Informant
A Lesa for the Defendant
Hearing: 20 June 2022
Sentence: 01 July 2022
SENTENCE
The Charge
The Offending
Background of the Accused
The Victims
Aggravating Factors
Mitigating Factors
Discussion
Where the offending falls within the second category, a custodial sentence is considered appropriate unless there are very special circumstances...”[3]
Case. | Court.[4] | Factors. | Category.[5] | Penalty. |
Mapesone v Police [2003] WSSC 41 (6 October 2003). | SC | Overloaded bus, high speed veering onto wrong side of road into oncoming car. One fatality, one injury. | Not specified. Facts – category 2. | End sentence 12 months imprisonment for negligent driving causing death. 6 months imprisonment, concurrent negligent driving causing
injury. |
Seuoti v Police [2006] WSSC 48 (1 September 2006). | SC | Overloading of truck, speed and alcohol. Single fatality. | Not specified. Facts – category 2. | 3 year start point. End sentence 18 months. Appeal dismissed. |
Police v Risiti [2014] WSDC 4 (30 July 2014). | | | | |
Police v Siaso [2014] WSSC 56 (14 October 2014). | SC | High speed, alcohol while driving. Single fatality. | Not specified. Facts – category 2. | 2 ½ year start point. 12 month imprisonments. |
Police v Lauina [2017] WSDC 5 (12 May 2017). | DC | Fell asleep at wheel. | Not specified. Sentenced category 1. | Fined $800.00, Prosecution costs $200.00 and $300.00 Probation costs. |
Police v Keji Li [2017] WSSC 170 (8 November 2017). | SC | Crossed into opposite lane. Single fatality. | Category 1. | Reparation order to victim family: total payment $20,000.00 plus 200 hours community work. |
Police v Tusa [2017] WSDC 25 (8 December 2017) | DC | Single fatality, child. | Not specified. Facts – category 1. | Probation 1 year, $1,200 Court fine, $100 Police costs. |
Result:
JUSTICE CLARKE
[1] R v Cooksley [2003] 3 All ER 40 at paraph 15, the consumption of alcohol identified as a highly culpable aggravating factor for the offence of causing death by dangerous
driving and careless driving when under the influence of drink or drugs.
[2] See: R v Cooksley [2003] 3 All ER 40 at paraph 15, also identified as a highly culpable aggravating factor.
[3] Note: R v Boswell [1984] 3 All ER 353 concerned reckless driving causing death and reckless driving.
[4] Supreme Court denoted by SC. District Court denoted by DC.
[5] Category 1 and 2 follow the categories referred to in Police v Seuoti.
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