Police v Lauloto [2024] WSSC 50 (18 June 2024)

IN THE SUPREME COURT OF SAMOA
Police v Lauloto [2024] WSSC 50 (18 June 2024)

Case name:	Police v Lauloto
Citation:	[2024] WSSC 50
Decision date:	18 June 2024
Parties:	POLICE (Informant) v HOWARD TIAPEPE FAAPUE LAULOTO, male of Mulifanua and Solosolo (Defendant)
Hearing date(s):
File number(s):	Charge (c) per charging document dated 18 December 2023.
Jurisdiction:	Supreme Court – CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Fepulea’i A. Roma
On appeal from:
Order:	On the one charge of causing grievous bodily harm, you are convicted and sentenced to imprisonment for 1 year and 9 months.
Representation:	J. Leung Wai for Prosecution Defendant in person
Catchwords:	Causing grievous bodily harm
Words and phrases:
Legislation cited:	Crimes Act 2013, ss. 33 & 118(1).
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

AND:

HOWARD TIAPEPE FAAPUE LAULOTO, male of Mulifanua and Solosolo

Defendant

Counsel: J. Leung Wai for Prosecution

Defendant in person

Sentence: 18 June 2024

SENTENCE

Charge

1. You appear for sentence on one joint charge of causing grievous bodily harm under s118(1) Crimes Act 2013. Your co accused is your older brother Arizona Junior Sefo against whom a warrant was issued for his non appearance on the 10th April 2024. That warrant remains outstanding. At first you denied the charge but later sought to substitute with a guilty plea when the hearing was to take place on the 10th April 2024.

Offending

2. The charge resulted from an incident which occurred at Toamua uta around 7.30pm on the 21st November 2023. The victim, a single 20 year old male who worked for Samoa Water Authority had just been dropped off after work at a three corners at Toamua uta which leads to his house. You were standing nearby with a friend. You approached the victim, told him to take off and hand over his shirt. You then asked for his older brother’s whereabouts and challenged him “pe fia ulavale.” By this time your older brother and co accused had joined. You told him that the victim’s brother had assaulted you before. You then threw a punch at the victim which missed, you threw a second punch that hit him on the jaw and caused him to fall. He struggled to get up as you both continued to punch and kick him. Your joint assault caused the victim to lose consciousness. Bystanders came to his rescue and called for the ambulance.
3. As a result of the assault, the victim according to a medical report sustained a suspected head injury, injuries to and a laceration above the left eye, and abrasions on his knees. He was referred to the surgical and eye department teams at the main hospital for treatment.
4. You were apprehended on the 22nd November 2023 and taken to Faleata police where you were interviewed under caution. The police summary is consistent with what you told Probation. You further told Probation that you had both been drinking.

Aggravating Factors

5. I consider the following in relation to the offending:
   • (i) this was a joint unprovoked assault;
   • (ii) the offending involved actual violence;
   • (iii) the attack continued whilst the victim was on the ground;
   • (iv) the attack was aimed at the victim’s face as clear from his injuries;
   • (v) the injuries sustained and impact on the victim – In the VIR, he says he was hospitalised for three weeks before he was discharged. For some time following the assault, he could not feel one side of his head. He suffered serious headaches. No reconciliation had taken place.
6. As offender, I consider your previous and more recent convictions in March 2022 for drunkenness, insulting words, being armed with a dangerous weapon and causing grievous bodily harm. On those charges you were convicted and sentenced to 18 months supervision. According to Probation, you had completed the Salvation Army program for that previous matter, and successfully complied with the terms of your supervision sentence.

Mitigating Factors

7. I take into account your guilty plea. I consider nevertheless your personal circumstances including your age, and the references by your mother and Associate Pastor Lolesio.

Penalty

8. The charge against you attracts a maximum penalty of ten years imprisonment. In cases of causing grievous bodily injury, the court has imposed varying sentences from non-custodial sentences of supervision to imprisonment depending on the circumstances of each case. You should now be well aware of that having avoided imprisonment for a sentence of supervision for the same offence two years ago. That was a valuable opportunity and the simple lesson you should have learned was to avoid alcohol and not reoffend. But you did not.
9. Your behaviour requires a deterrent sentence. It will simply be wrong for this court to grant you the same leniency it did two years ago. I adopt 3 years as the appropriate start point and make these deductions. For your age, the plea by your mother and testimonial by your pastor I deduct 6 months. I make a final deduction of 9 months for your guilty plea. The end sentence is 21 months or 1 year and 9 months’ imprisonment.

Result

10. On the one charge of causing grievous bodily harm, you are convicted and sentenced to imprisonment for 1 year and 9 months.
    

JUSTICE ROMA