Police v Ropi [2024] WSSC 55 (16 July 2024)

IN THE SUPREME COURT OF SAMOA
Police v Ropi [2024] WSSC 55 (16 July 2024)

Case name:	Police v Ropi
Citation:	[2024] WSSC 55
Decision date:	16 July 2024
Parties:	POLICE (Informant) v VAILIMA ROPI male of Levi Sasina Savaii, Vailima and Leauvaa (Defendant)
Hearing date(s):
File number(s):	2024-01838
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 16 months supervision with the condition that you complete 60 hours of community work.
Representation:	T. Fesili and J. Leung-Wai for Prosecution Defendant in person
Catchwords:	Causing grievous bodily harm.
Words and phrases:
Legislation cited:	Crimes act 2013, s. 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:

VAILIMA ROPI male of Levi Sasina Savaii, Vailima and Leauvaa

Defendant

Counsel: T. Fesili and J. Leung-Wai for Prosecution
Defendant in person

Sentence: 16 July 2024

SENTENCE

1. You pleaded guilty to one charge of causing grievous bodily harm contrary to s118(1) Crimes Act 2013 on the 8th April 2024. The maximum penalty is ten years imprisonment. You now appear for sentence.
2. The charge arises from an incident that occurred on the 6th January 2024 at the Birdies bar at Tuanaimato. You were there socialising and drinking with your wife and siblings. The victim, a 22 year old male of Tuaefu was also in the bar drinking. From the summary, the victim kept bothering you and led to a confrontation where you punched him twice on the mouth causing him to fall. The summary then says that when he was on the ground, you continued to throw punches at him. The security guards intervened and took the victim outside.
3. His injuries according to an examination by Dr Persia Caffery Petaia are as follows –
   • (i) Abrasions on the left side of his face at the maxillary area;
   • (ii) Swelling and pain at the left side of his jaw;
   • (iii) A slightly reduced range of mouth opening due to swelling and pain;
   • (iv) A small superficial abrasion on the left side of his neck.
   • (v) Fractured mandible / jaw.
4. A radiological examination confirmed that he sustained a complete closed fracture on the left side of the mandible / jaw area. Simply the victim suffered a seriously broken jaw. He was referred to the dental clinic for continuation of care.
5. In the presentence report you say the victim continued to be a nuisance. You punched him twice and he threw punches at you before the guards took him outside. You told the court this afternoon that even after he was led outside, the victim continued to be disorderly throwing objects at the vehicles, and was further assaulted by others outside. I consider your claim that the injuries therefore could not have been caused solely by you.
6. The aggravating features of the offending are (i) the assault was aimed at the face; and (ii) the impact on the victim. He suffered a broken jaw and following surgery, required two months of regular hospital follow up visits.
7. In mitigation of penalty I consider that:
   • (i) there was an element of provocation on the part of the victim;
   • (ii) for reasons abovementioned, you alone could not have caused the injuries referred into the medical report;
   • (iii) you pleaded guilty at the earliest opportunity;
   • (iv) reconciliation has been made as confirmed by the victim impact report;
   • (v) your personal circumstances. You are 29 years of age and have had a good education. You are currently a senior meter reader at the Samoa Water Authority. With your wife you support your household. I have read the references by Father Iosefa Alafaapae of the Leauvaa Catholic Church; the village representative of Leauvaa; and your team leader at the Samoa Water Authority. You are a first offender. You have also completed the Salvation Army programme as ordered by the court.
8. Normally with the severity of the victim’s injuries and its impact, the court would consider a deterrent imprisonment sentence. But there are a number of mitigating factors in your favour which I have referred to. Most significant is the element of provocation and possibility that others subsequently assaulted the victim and contributed to his injuries. Reconciliation and your first offender status are also important considerations. I also consider the authorities cited by prosecution and their recommendation which I accept for a non-custodial sentence.
9. On the one charge of causing grievous bodily harm, you are convicted and sentenced to 16 months supervision with the condition that you complete 60 hours of community work.

JUSTICE ROMA