IN THE SUPREME COURT OF SAMOA
Police v Afoa [2024] WSSC 124 (28 November 2024)

Case name: 	Police v Afoa	
		
Citation: 	[2024] WSSC 124	
		
Decision date: 	28 November 2024	
		
Parties: 	POLICE (Informant) v UILAO AFOA male of Tanugamanono and Tafuna, American Samoa (Defendant)	
		
Hearing date(s): 		
		
File number(s): 	2024-02747-FVC/CR/UP	
		
Jurisdiction: 	Supreme Court - CRIMINAL 	
		
Place of delivery: 	Supreme Court of Samoa, Mulinuu	
		
Judge(s): 	JUSTICE DARYL MICHAEL CLARKE	
		
On appeal from:		
		
Order:	-	 Both charges before the Court of assault grievous bodily harm and armed with a dangerous weapon you are convicted and sentenced to 24 months’ supervision and to carry out 200 hours of community work.
Addendum
-	The community service sentences are to be served concurrently	
		
Representation: 	J Leung Wai for Prosecution 
Defendant in person 	
		
Catchwords: 	assault causing grievous bodily harm – being armed with a dangerous weapon – aggravating features of the offending – mitigating features of the offending – early guilty plea at the first opportunity – prior good character – Salvation Army Program – sentence 	
		
Words and phrases:	-	 have good prospect of rehabilitation and do not view the defendant as a high risk of reoffending– 
-	significant degree of provocation by the victim 	
		
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:

UILAO AFOA male of Tanugamanono and Tafuna, American Samoa.

Defendant

Counsel:
J Leung Wai for prosecution
Defendant in person

Oral Sentence:  28 November 2024

ORAL SENTENCE OF CLARKE J
The charge
1. 	You appear for sentence on one (1) charge of assault causing grievous bodily harm Uilao; you appear for sentence on one (1) charge of assault causing injury carrying up to ten (10) years imprisonment; and one (1) charge of being armed with a dangerous weapon, namely a kitchen knife.
2. 	Although you also pleaded guilty to assault actual bodily harm causing injury, that was an alternative charge to the assault charge of grievous bodily harm.  The charge 2 in the Charging Document of 29 July 2024 assault causing injury, that guilty plea is withdrawn and the charge is dismissed.  In terms of the remaining two (2) charges, you entered an early guilty plea at the first opportunity.  
The offending
3. 	According to the prosecution summary of facts dated 2nd August 2024 that you have accepted with certain amendments, you had been out on the night of Friday on 15 March 2024 with the victim. You had both been drinking alcohol. When the bar had closed that evening, you returned home with the victim who lives with you.  When you arrived home that evening with the victim, he went to his bedroom and you went to yours.  When the victim went to his room, you went to that bedroom and kicked the door open.  You stood at the door with the kitchen knife in your hands.  You waved that knife towards the victim and you said “kele le mea o lea ou ke kiga o lo’u koalua ma lo’u akalii ae fai mai ou ke alu e su’e so’u koalua ou ke kago aku loa kipi lou guku i le gaifi”.   
4. 	As the victim bent towards the floor to pick up his cigarette, you swung the knife at him slashing his left ear lobe and lower cheek.  As a result of the wound, blood came gushing from his ear and cheek.  The victim lost consciousness.  He sustained a laceration across his ear to his cheek about 10cm in length.  You quickly sort to assist the victim by getting a clean rag and water to stop the bleeding from his ear.  You asked the victim whether he wants to go to the hospital he said no.  In your pre-sentence report prepared by the Probation Service, you give that context to your assault on the victim. Like you, he had been drinking and he had been intoxicated.  The victim had been swearing at you and calling out insulting words to you about your separation from your wife.  
Background of Accused
5. 	You are a 43-year-old male of Tanugamanono and American Samoa.  You are also a mechanic by trade working at a Mechanic Shop at Papauta.  You are the youngest of the six siblings.  You completed Year 12 at Channel College and then you went on to the Samoa Polytechnic.  At the Samoa Polytechnic, you studied Fitting and Machinery for (2) two years and received a certificate from that course.  You have a former defacto relationship and you share a fifteen-year-old son together.  
The victim
6. 	The victim is a 33-year-old male of Faala Savaii and Alamagoto and works as a groundsman.  In his victim impact report, the victim says he continues to feel minor pain in the area you struck. He suffers no long term injuries nor does he think too much about the incident anymore, describing that as a waste of time.  He says no apology or ifoga has been rendered.  
Aggravating features of the offending
7. 	The aggravating features of your offending are as follows: 
(1)	he is a family member being a relative of your wife who had been living with you;
(2)	is a use of a knife; and
(3)	is the vulnerability of the unarmed victim.
Mitigating features in respect of the offending
8. 	Mitigating of your offending is that you helped the victim immediately after you struck him.  Mitigating also is a decree of provocation by the victim with the statement he said to you.  
9. 	There are no aggravating features personal to the offender, you are a first offender.  In terms of the mitigating factors personal to you I take into the fact the following:
(1)	is your remorse which I accept is genuine;
(2)	is your completion of the Salvation Army Programme;
(3)	is your personal circumstance being the main care giver to your fifteen-year-old child following your separation; and 
(4)	finally, is your early guilty plea.
10. 	Uilao, ordinarily for this charge of assault grievous bodily harm where you use a knife, is generally imprisonment.  The charge of assault grievous bodily harm is a very serious charge with a sentence of up to ten (10) years imprisonment.  In your case however, prosecution have submitted that a non-custodial sentence is appropriate.  In this case, I agree with the submission by prosecution. This is because of the significant degree of provocation by the victim in your case that led to this incident; your successful completion of the Salvation Army Program; and finally is your prior good character.  You have good prospect of rehabilitation and I do not view you as a high risk of reoffending.  
Discussion
11. 	I hope you have learnt your lesson and in coming back to Court and being charged is something you do not wish to go through again.  You can be certain that should you reappear before the Court for similar offending in future, you are likely receive an imprisonment term.  You said much to me about your desire to take care of your fifteen-year-old son.  Make that your priority and ensure you do not reoffend.  
Result
12. 	Both charges before the Court of assault grievous bodily harm and armed with a dangerous weapon you are convicted and sentenced to 24 months’ supervision and to carry out 200 hours of community work.
JUSTICE LEIATAUALESA DARYL CLARKE
Addendum
13. 	The community service sentences are to be served concurrently.