Police v Tuaau [2024] WSSC 66 (30 July 2024)

IN THE SUPREME COURT OF SAMOA
Police v Tuaau [2024] WSSC 66 (30 July 2024)

Case name:	Police v Tuaau
Citation:	[2024] WSSC 66
Decision date:	30 July 2024
Parties:	POLICE (Informant) v SA’ULEONE TUAAU, male of Nuu-Fou & Vailoa Aleipata (Accused)
Hearing date(s):
File number(s):
Jurisdiction:	Supreme Court – CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Leiataualesa Daryl Clarke
On appeal from:
Order:	Accordingly, you are convicted and sentenced as follows less your remand in custody: a) Assault grievous bodily harm – 2 years and 8 months imprisonment; b) Armed with a dangerous weapon – 6 months concurrent; c) Assault of your son – 8 months imprisonment concurrent; and d) Threatening words and insulting words, 1 month imprisonment concurrent.
Representation:	MT Fesili Prosecution TV Lei Sam for the Accused
Catchwords:	Assault causing grievous bodily harm – armed with a dangerous weapon – common assault – threatening words – insulting words – domestic incident – first offender – custodial sentence – early guilty plea – apology.
Words and phrases:
Legislation cited:
Cases cited:	R v Taueki [2005] 3 NZLR 373.
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

A N D:

SA’ULEONE TUAAU, male of Nuu-Fou and Vailoa Aleipata

Accused

Counsels: MT Fesili Prosecution
TV Lei Sam for the Defendant

Sentence: 30 July 2024

ORAL SENTENCE

The Charges

1. Sa’uleone, you appear for sentence on charges of assault causing grievous bodily harm; being armed with a dangerous weapon, common assault; threatening words and insulting words.
2. You entered an early guilty plea to the charges against you.

The Offending

3. According to the Prosecution Summary of Facts accepted by you through counsel, on the 28th October 2023 at Tafatafa Falealili, your wife had just arrived home after running a family errand. You had earlier accused your wife of having an affair with another man. You were angry with her and kept calling her name, however, she ignored you and walked to a tent outside. When under the tent, you made more angry remarks to her but she continued to ignore you.
4. You then went to the kitchen and grabbed the machete. You then went back to your wife and struck her four times with the machete. These struck your wife’s left arm, right palm of her hand and another on her left leg. Screaming in pain, your wife ran into the house and grabbed your youngest son who is 8 years old. She clung to him and both your wife and son cried in fear. You held up the machete and you said to your wife: “O le iuga a lea o oe i le po nei.”
5. Your wife pleaded for her life. You then left your wife there in the house with your 3 children. After your wife asked one of your children to bring a cloth to stop the bleeding from the laceration to her left arm, she then began to leave the house with your 3 children. You however came back with the machete and chased your wife and children back into the house. You then grabbed a piece of rope and tied your 8 year old son to a pole of the house. You then grabbed a frond of a coconut tree and struck your son’s hands 4 times with it.
6. As a result of your attack on your wife, she suffered the following injuries:
   • The medical report shows that your wife suffered multiple lacerations on her body;
   • There were 2 lacerations on her left shoulder approximately 12cm in length;
   • On her left arm was a 12cm laceration that was described as a non-bleeder;
   • There was a superficial wound what is described as the ulnar corder of the right arm 3cm in length;
   • What is described as a deep into the muscle layer; half circular laceration to the left fore-arm with active bleeding 14cm in length; and
   • Superficial laceration to the left lateral aspect of the mid-thigh.
7. As a result of this incident, you are no longer with your wife.

The Background of the Accused

8. You are a 49 year old father and husband. You grew up in Aleipata and are the eldest of 9 children. You completed school to year 11 and were formerly employed by Signs Studio. You are in good health, have no prior convictions and have a positive character reference from your pastor. You also successfully completed the Salvation Army Alcohol and Drugs Court program.

The Victims

9. There are 2 victims to your offending Sa’uleone, they are your wife and your 8 year old son. In your wife’s Victim Impact Report, she reports that she required medical attention. She was released from hospital the same day as the incident but was required to continue going to the hospital for her bandages for 2 weeks. She speaks of her fear and that she no longer wishes to be in a relationship with you. She says you have not been helping with the support for your children. You have apologized and that apology has been accepted.

Aggravating Features of the Offending

10. The aggravating features of your offending are as follows:
    • (a) Your offending was in a domestic relationship. The victims of your offending were your wife and son;
    • (b) Your offending involved actual violence against your 8 year old son;
    • (c) You used a machete to attack your wife. This is a weapon far too often used in assault in Samoa;
    • (d) Both victims were vulnerable; and
    • (e) Injuries suffered by your wife which were serious.
11. The are no mitigating features in respect of your offending. There are also no aggravating factors personal to you as an offender. You are a first offender.

Mitigating Factors Personal to the Offender

12. The mitigating factor personal to you that I take into account are as follows:
    • (a) I accept that you are remorseful;
    • (b) Prior good character;
    • (c) Your completion of the Salvation Army program;
    • (d) Your apology to your wife which was accepted; and
    • (e) Your early guilty plea.

Discussion

13. Sauleone, you attacked your wife with a machete, simply because you believed without any proper basis that she was having an affair. Your attack on your wife was very serious. You then also very degradingly and cruelly tied your 8 year old son to a pole and assaulted him. What you did to your wife and son is difficult to understand. Rightly, your wife has left you and taken the children with her. You should be ashamed of the attack you inflicted on your wife and son. Wives and children are not a man’s personal possession to be beaten and abused by a so called husband and a father whenever and howsoever they want. Such conduct is cowardly, demeaning and is contrary to all the traits a good husband and father must possess. When a husband and father engages in such conduct, they should be prepared for the punishment that will follow when they stand where you stand today.
14. Prosecution seeks a 5 year sentence start point. Your counsel in his oral submissions agrees with this start point but seeks leniency in sentencing in his written submissions.
15. Having considered the submissions by counsel, I accept prosecution submissions that your case falls within the mid-range of band 2 as defined in R v Taueki [2005] 3 NZLR 373. Given the number of victims, the family relationship, the use of a machete coupled with the nature of your attack on your wife involving multiple swings of the machete, an arguably slightly higher start than 5 years might be warranted. However, I have decided to accept the 5 year start point.
16. Adopting the charge of grievous bodily harm on a totality basis with a 5 year start point, I make the following deductions:
    • 8 months for your prior good character and remorse;
    • 3 months for the completion of the Salvation Army Program;
    • 6 months for the apology to your wife which was accepted; and
    • 11 months for your early guilty plea leaving an end sentence of 32 months imprisonment.

Result

17. Accordingly, you are convicted and sentenced as follows less your remand in custody:
    • (a) Assault grievous bodily harm – 2 years and 8 months imprisonment;
    • (b) Armed with a dangerous weapon – 6 months concurrent;
    • (c) Assault of your son – 8 months imprisonment concurrent; and
    • (d) Threatening words and insulting words, 1 month imprisonment concurrent.

JUSTICE CLARKE