Police v Fau [2022] WSSC 5 (8 March 2022)

SUPREME COURT OF SAMOA
Police v Fau [2022] WSSC 5

Case name:	Police v Fau
Citation:	[2022] WSSC 5
Decision date:	08 March 2022
Parties:	POLICE (Prosecution) AND SUTI FAU LEATO FAU male of Faleula and Falealupo. (Defendant)
Hearing date(s):
File number(s):	Charging document dated 04/10/21
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	In respect of this defendant he will be convicted and ordered to serve six (6) months supervision under the Probation Service with two special conditions in addition to the normal conditions: 100 hours Community Service and refrain from consumption of any form of alcohol that includes homebrew.
Representation:	E Tiitii for prosecution Defendant in person
Catchwords:	- Grievous bodily harm -
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

SUTI FAU LEATO FAU male of Faleula and Falealupo.
Defendant

Counsel:
E Tiitii for the prosecution
Defendant in person
Sentence: 08 March 2022

S E N T E N C E

1. This defendant is also appearing for sentence on a charge of grievous bodily harm that at Faleula on 21 August 2021 he did with intent to cause grievous bodily harm, caused grievous bodily harm to Titi Seaina Maunu, a male of Tulaele and Salailua Savaii. The defendant has pleaded guilty to the charge and I see from the Police summary of facts that he has admitted that this is another victim of Rover jet-fuel. But thankfully the consequences of his assault are less severe than the previous case.
2. The Summary says the defendant is a 24-year-old male of Faleula, tausi aiga. The victim is a 58-year-old male also of Faleula married with children and employed as a grounds keeper.
3. On 21 August 2021 at around 7:00 pm in the evening at Faleula the victim was engaged in a drinking session with two other men from the village on the property of the defendant. The defendant was part of the drinking session and was intoxicated. He became angry at the victim because the victim did not always pass him the drinking cup.
4. At one stage one of the victims friends gave the bottle of Rover to the defendant to mix. But the defendant grabbed it and left taking the bottle with him. The summary says the defendant returned to the drinking session some five minutes later and punched the victim on the mouth causing the victim to fall unconscious to the ground. The victim was taken to his wifes family at Tuanaimato by the defendants uncle.
5. When the victim regained consciousness at Tuanaimato he came with his son in a taxi back to the defendants house in Faleula. Not a clever thing to do and the inevitable occurred. The victim and the defendant confronted each other and the defendant again punched the victim, this time on his right eye causing him to again fall unconscious onto the road.
6. According to the summary this punch and fall caused a laceration to the right front scalp of the victim. He was taken to the Leulumoega District Hospital where it was noted by the admitting nurse that he had lacerations to his right front scalp, right eyebrow and right eye which all required stitches. The wounds were cleaned and stitched and the case was discussed by the Registered Nurse and the Physician in attendance via Viber who cleared the victim for release.
7. The victim was released with oral antibiotics and painkillers but was re-admitted some 24 hours later complaining of bleeding from the nose and “decrease level of consciousness”.
8. His Victim Impact Report says:

“E laititi lava se tupe sa fesoasoani mai ai lo’u aiga, ae o le tele o se vaega tupe sa mo’omia a’o taofia i le falema’i ma taoto i le fale, sa fa’atupe e le o lo’o molia nei ae le mautinoa se tau manino. E le misi lava i se aso e asi atu a’u i le falema’i ma ni taumafa ae le gata i lea o se tupe e tuu atu e fesoasoani ai i ni vaega moomia. E oo lava ina te’a i tua o loo fa’aauau pea ona fa’atino le fa’atupeina atu o lo’u tau savali i le falema’i mo fusiga mulimuli, ma o loo fa’aauau pea ona fesoasoani atu i le taimi nei pe a fetaui i se nofoaga e tu’u atu lava se tupe mo se matou meaai.”

9. There is also another significant part of the Victim Impact Report which says:

“Ua ou malie e fa’ailoa atu o lenei mataupu ua uma ona toe teuteu ma soalaupule uma e le matou aiga ma le o loo molia nei. Pei ona fa’ailoa atu o le matou pui aiga lava. Ua maua le loto fa’amagalo pei ona oo atu ai Suti ma to’otuli ma fa’atoese atu e tusa ai ma se a’afiaga sa iai. Ua ou malie ai e fa’ailoa atu i le Fa'amasinoga ua ou fa’amagalo, ua uma ona oo atu matua o Suti ma faia se matou leleiga lea e oo mai le taimi nei o loo sologa lelei le matou mafutaga. Ma ou te lagona foi ua salamo moni Suti i le tulaga sa ou a’afia ai talu ai lava o le ava malosi.

O se lesona foi lea ua fesoasoani mai mo a’u ma le aiga, o lea ua tu’u la’u ava malosi ma atonu o se lu’itau foi lea mo lo’u olaga ma le lelei o lo’u aiga. Ae le gata i lea o Suti,ua le toe vaaia foi o tagofia le ava malosi, ua tele foi se sao i le tulaga pei ona tula’i mai ai lenei mataupu.”

HH: E sa’o lea mea Suti, ua tu’u lau ava malosi?

Def: O lea lava lau afioga

10. I am happy to read and hear all this and the defendants confirmation today that he no longer drinks alcohol. As I often tell defendants in this room if he cannot drink and act responsibly better not drink at all.
11. I assess the defendants offending in the category of Sentencing Band B-1 but at the lowest end of the spectrum. He gets significant credit for his apology and support of the victim and for his efforts to rehabilitate himself. He also has a good pre-sentence report submitted by the Probation Service, he is a first offender and the report confirms he has undergone the six-week Drug and Alcohol Programme of the Salvation Army.
12. The Salvation Armys report says Suti expressed shame for his actions and shared that it has caused his parents significant distress and made him realise that alcohol is no good for him. His family does not consume alcohol and he stated his father is supporting him to abstain which he stated he is currently achieving.
13. The Report notes Suti has predictive factors in his life, he attends church regularly, he is involved in the Youth group and church activities, he has family responsibilities and has good support from his family. Further that Suti appeared genuine in his Presentation wanting to make positive lifestyle changes and to remove alcohol from his life. He was grateful to be given the opportunity to attend the treatment program which he stated would help him with making these changes.
14. Because of this and because of his guilty plea the court will give you a chance and spare you from prison today and impose instead a non-custodial penalty. I note the prosecution agree a non-custodial penalty should apply and this is supported by the Probation Service. But Suti I give you a very clear and firm warning. That is for today and this matter only. If you are foolish enough to reoffend, whether alcohol is involved or not you are going to go for a nice MIQ at Tanumalala just like the last defendant, do you understand? Ua e malamalama lelei i le tulaga lea ua iai lau mataupu? (Defendant: “Malamalama faafetai lau afioga”).
15. A e fia inu o le fautuaga inu le ava Samoa, tuu le ava palagi e le aoga mo oe, a’o le ava Samoa ia e leai a seisi o falepuipui ona o le ava Samoa.
16. In respect of this defendant he will be convicted and ordered to serve six (6) months supervision under the Probation Service with two special conditions in addition to the normal conditions: 100 hours Community Service and refrain from consumption of any form of alcohol that includes homebrew.
17. O isi tulaga o lou fa’anofo va’ava’aia a mae’a le tatou mataupu talanoa i le tamaita’i pule lea e saofai mai e fa’amalamalama atu tulaga o lou fa’anofo va’ava’aia. A’o le fa’aiuga lena o lau mataupu e ono (6) masina lea o le a e fa’anofo va’ava’aia ai. Tulaga fa’apitoa o lou fa’anofo va’ava’aia e sa ona e toe tagofia se ava malosi ma le selau (100) itula e tatau ona tuli i le latou polokalame faigaluega. E fa’amalamalama atu e le ofisa le taimi e tatau ona e sau ai e tuli ou itula faigaluega. A mae’a ona tuli ou itula ma mae’a le ono masina ua mae’a foi iina lau mataupu. Ua e malamalama i tulaga uma o le fa’aiuga? (Defendant: “O lea lava lau afioga”). E le tatau ona tou toe feiloa’i i totonu o lenei potu Suti. O lea ua uma na ta’u atu le mea e oo i lau susuga pe a toe aumai oe i mea fa’apenei.
    

JUSTICE NELSON