Police v Sefo [2023] WSSC 45 (4 August 2023)

SUPREME COURT OF SAMOA
Police v Sefo [2023] WSSC 45

Case name:	Police v Sefo
Citation:	[2023] WSSC 45
Decision date:	4 August 2023
Parties:	POLICE v ELISARA SEFO
Hearing date(s):	4 August 2023
File number(s):	2023-01494 FVC/CR/UP
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	CHIEF JUSTICE PERESE
On appeal from:
Order:	- Sentenced to (4) years less anytime spent in custody.
Representation:	M T Fesili and G Esera for prosecution Accused in person
Catchwords:	grievous bodily harm – family violence – pleaded guilty – vunerability of the victim – domestic relationship –maximum penalty – unprovoked nature of the attack – serious demestic violence – starting point for sentence– sentence
Words and phrases:	- this type of domestic abuse is not acceptable - the Taueki categories is very much of the top end of Band 2 bottom of Band 3 offending
Legislation cited:	Crimes Act 2013, section 118 (1)
	Sentencing Act 2016, sections 5, 6 & 7 Family Safety Act 2013, section 17
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN

P O L I C E
Prosecutin

A N D

ELISARA SEFO male of Fasitoo-uta
Accused

Counsel:
M T Fesili and G Esera for prosecution
Accused in person
Sentence: 4 August 2023

ORAL SENTENCE OF PERESE CJ

1. The defendant in this matter is a 47 year old male of Fasitoo-uta. He’s married with five (5) children and unemployed. He is charged with one count of grevious bodily harm pursuant to section 118 (1) of the Crimes Act 2013. This charge carries a maximum penalty of ten (10) years of imprisonment.
2. The Summary of Facts which I understand from Mr Fesili has been served on the defendant, reads as follows:
   1. The victim is a 40 year old female of Fasitoo and Tufulele. She is married with five children. The defendant is her husband.
   2. On the 20th May 2023 at Fasitoo uta betwwn 10pm to 11pm, the defendant arrived home intoxicated.
   3. At that time, their children were asleep however the victim wa still awake.
   4. Upon entering the house, the defendant walked straight to the victim who was sitting on the bed and punched her right eye.
   5. As a result of teh punch, the victim felt pain and experienced blurry vision around her right eye region.
   6. The victim immediately cried out “fiaola, magaomia se fesoasoagi”.
   7. However the defendant delivered punches aimed at the victim’s face and legs causing her legs to go numb.
   8. Following this, teh defendant grabbed hold of teh victim’s head.
   9. The defendant then hit (fa’afetoai) the left side of the victim’s head against the solid part of the bed causing a laceration.
   10. Following this, the defendant bit and tore off the victim’s left ear helix.
   11. At that time, the victim was crying and calling out repeatedly, “fiaola magaomia se fesoasoagi”.
   12. Neighbours overhead the victim’s cries for help thus intervened and stopped the defendant.
   13. The victim was taken to the hospital for medical treatment and the matter was reported to the Police.
   14. According to the medical report, the victim suffered the following injuries:
       • (i) Laceration left side (temporal region)scalp – 3cm length 1 cm depth
       • (ii) Both eyes and facial swelling and bruising
       • (iii) Lower lip laceration
       • (iv) Swelling and amputated left ear (helix missing)
   15. On the 21st May 2023, the defendant was apprehended and taken to the Faleolo Police Outpost where he was cautioned and interviewed accordingly.
   16. On the 5th June 2023 at Mentions, the defendant entered a guilty plea to the following charge:
       • (i) One (xl) count of Grievous Bodily Harm pursunat to section 118 (1) of the Crimes Act 2013 which carries a maximum penalty of 10 years imprisonment.
3. The defendant has one previous conviction in the District Court. That was an offence of actual bodily harm where he was convicted and fined $300.00.
   • His Honour: Mr Sefo, is that Summary of Facts, correct?
   • Sefo: Lau Afioga, o lea lava – Your Honour, that is correct
4. The record will note that the defendant accepts the Summaryof Facts.
5. The defendant appears today for sentence on the one charge that he has pleaded guilty to. I have had regard to the prosecution’s sentencing memorandum. The probation service pre-sentence report prepared by Ms Saaga dated 19 July 2023 and the annexures attached thereto. I have also had regard to the victim impact report dated 19 July 2023 signed by the victim in this matter. I have also had regard to the report of Dr Fiona Seumanutafa dated 22 May 2023 which is attached to the sentencing memorandum of the police.
6. This is a very serious domestic offending. It was unprovoked, senseless, vicious. It involved extreme violence and there is permanent physical disfiguration. I have had regard to sections 5, 6 & 7 of the Sentencing Act 2016. I have also had regard to section 17 of the Family Safety Act 2013.
7. The prosecution refers to a number of aggravating factors in this matter. They are extreme violence, serious injuries, attacking the victim’s head, vunerability of the victim and the domestic relationship. I accept that all those matters are aggravating in this offending. The defendant is entitled to any discount that may be available for an early guilty plea. In terms of the Taueki categories it is clear to me that this is very much of the top end of Band 2 bottom of Band 3 offending.
8. The prosecution submits that an appropriate starting point for sentencing is five (5) years imprisonment. I disagree wtih that starting point. This is very serious domestic violence. And a starting point of eight (8) years is appropriate. Because of the unprovoked nature of the attack and because of the permannet disfigurement of the victim. So I adopt the starting point of eight years bearing in mind the maximum for this type of offending is ten (10) years.
9. A very firm message needs to be sent to the community that this type of domestic abuse is not acceptable. There is a discount of 30% for the early guilty plea and I also give the defendant a discount of 20% for his previous good character. I am pursuaded by the village mayor that he says that you are a hard working and a family oriented person.
10. Mr Sefo your family will face severe financial hardship. They seek leniency, but society requires that you should be held to account for your despicable and cowardly behaviour. You beat your wife then you bit and tore off her left ear helix. This type of behaviour is unlawful, it is criminal and it will not be tolerated by this Court. Nor should it be tolerated by your wife and children in the fullness of time. I note that you have a previous record and have appeared before this court, but I do not take that into account in terms of any aggravating feature of this offending given the starting point that I have adopted.

Sentence

I sentence you to a term of imprisoment for a period of four (4) years less anytime spent in custody.

CHIEF JUSTICE