Police v Vaitogi [2025] WSSC 70 (10 September 2025)

IN THE SUPREME COURT OF SAMOA
Police v Vaitogi [2025] WSSC 70 (10 September 2025)

Case name:	Police v Vaitogi
Citation:	[2025] WSSC 70
Decision date:	10 September 2025
Parties:	POLICE (Informant) v KAMARONI FAAVAE TOLOVAE a.k.a FUATIA TAMALOGI VAITOGI, male of Fagafau & Sapapalii (Defendant)
Hearing date(s):
File number(s):	2024-03246 Charge 2, 4, 6 per Charging Document dated 05/08/2025
Jurisdiction:	Supreme Court – CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Fepulea’i A. Roma
On appeal from:
Order:	You will serve the following sentences concurrently: (i) On the charge of manslaughter, you are convicted and sentenced to seven (7) years imprisonment; (ii) On the charge of using a firearm, you are convicted and sentenced to 2 years’ imprisonment; (iii) On the charge of possession of an unregistered firearm, you are convicted and sentenced to 12 months’ imprisonment.
Representation:	L. Strickland for Prosecution Q. Sauaga for the Defendant
Catchwords:	Manslaughter, Using firearm, Possession of unregistered firearm
Words and phrases:
Legislation cited:	Crimes Act 2013 Section 92, 102 & 108. Section 128
Cases cited:	Police v Vaili [2005] WSSC 1; Police v Iva [2011] WSSC 142 and Police v Liligia [2007] WSSC 101 Police v Vavao [2011] WSSC 81; and Police v Neemia [2025] WSSC 1
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

AND:

FUATIA KAMARONI FAAVAE TOLOVAE a.k.a. FUATIA TAMALOGI VAITOGI male of Fagafau and Sapapalii

Defendant

Counsel: L. Strickland for Prosecution

Q. Sauaga for the Defendant

Sentence: 10 September 2025

SENTENCE

Charges

1. You appear for sentence on 3 charges:
   • (i) manslaughter contrary to ss92, 102 & 108 Crimes Act 2013 which carries a maximum penalty of life imprisonment;
   • (ii) using a firearm contrary to s128(a) which attracts a maximum penalty of 5 years imprisonment; and
   • (iii) being in possession of an unregistered firearm under s9 Arms Ordinance 1960. The maximum penalty is 2 years imprisonment.
2. Originally there were 6 charges which you denied. On the 19th March 2025, prosecution withdrew three (3) including murder. You then vacated your not guilty pleas substituted by guilty pleas to the above remaining charges.
3. A scheduled disputed facts hearing was resolved by an amended summary of facts dated 11th July 2025 accepted by you through counsel.

Offending

4. The charges arise from a confrontation between crowds from your village Fagafau and the neighbouring Samataitai on the night of 16th June 2024. The conflict involved stones being thrown and guns discharged. The summary says you were notified by your family that people from Samataitai were attacking your village. A matai from your village’s home had been stoned by some people from Samataitai which prompted members from both villages to gather and attack each other using stones and firearms.
5. Upon hearing what was happening, you got into your vehicle and drove to the Fagafau and Samataitai primary school field where the attack took place. You took with you a 22 semi automatic rifle loaded with 4 bullets.
6. A crowd of Fagafau villagers had gathered together and were throwing stones from one side of the field towards a crowd of villagers from Samataitai who were also responding from the opposite end. When you arrived at the field, you joined members of your village who were retaliating to the attacks from Samataitai. The crowds from both villages consisted of men throwing stones at each other and bystanders watching the attack unfold.
7. You then raised your rifle and fired shots into the field area. You told police in an interview that you fired all shots in the dark in response to the attacks by Samataitai; and after the third shot, you heard a call from the Samataitai crowd that someone was injured.
8. The deceased had been standing on the opposite end of the field together with other villagers. He was not involved in the attacks but a mere bystander. The third shot caused him to drop to the ground instantly and the crowd to disperse, with others attending to his aid.
9. You then made your way to one of the village men’s house nearby and sat there for about five minutes before leaving the scene and returning home. You placed the rifle inside an old unused vehicle stationed in front of your house and walked to another villager’s house nearby to hang out and await police.
10. Meanwhile the deceased was taken to the Foailalo District hospital where he presented with the following injuries: “Lateral part of the right eyebrow showed a small bullet with slight oozing of blood from site and bruising of eye. Bilateral eye was fully dilated.” He passed away at approximately 1am. The cause of death was identified to be traumatic brain injury resulting from the gunshot wound.
11. The following day, you were taken to Vaitoomuli police where you made a full admission to the offending under caution and charged.
12. In the presentence report, you told Probation you were at home sleeping when your brother in law called for you to come in your vehicle and evacuate your mother and family because of the threats from the attack. You grabbed the rifle and drove to the coastal side where your brother in law and sister lived. You could have then taken your mother and family to safety but did not. You decided to head to the primary school field where the crowds had gathered and ended up firing the shots. There is also nothing before me to say that you did move your family to safety as you claim to be the reason you left home in the first place. According to the summary, after you fired the gunshots, you went to another villager’s house before you made your way home.

Victim

13. The deceased was from Fogatuli and Samataitai. He was 37 years of age when killed. He had been living in Upolu at his wife’s family with his wife and young daughter, but travelled to Savaii with his daughter the day before the incident to assist his mother on their cattle farm. He was the second eldest of six siblings. He was married and his daughter was one and half year old when he died.
14. In the victim impact report, his sister Agina Logologo says he was a hardworking person. He had come to Savaii to assist their family on the plantation and cattle farm. His family did not know he left the house until informed by villagers of what happened and they came to see him in hospital. His family and mother were shocked to learn he was injured and later died. The report also confirms that an ifoga was presented to their village but none of them were present.

Aggravating Factors

15. The aggravating features of the offending:
    • (i) use of a weapon, being an unregistered firearm to inflict injury;
    • (ii) there is an element of premeditation - you armed yourself with a rifle loaded with 4 bullets; you joined the group from your village retaliating to the attacks by Samataitai; and ended up firing shots;
    • (iii) the degree of your culpability - you fired 3 shots not in the air but within the field area where the crowds had gathered from the opposite direction. It was dark and the likelihood of someone getting injured or killed was high. The likelihood became a reality and in those circumstances your culpability was high;
    • (iv) impact - one of the three shots you fired caused serious injury which killed the deceased. The loss of his life and impact on his family including his wife and young daughter must also be considered.

Mitigating Factors

16. In relation to the offending, I find that there is but a minimal element of provocation. I consider that you did not just turn up at the scene. You went after being informed that your village was being attacked and with the possibility that your family’s safety was under threat. In saying that, there is nothing before me to indicate that you or any member of your family was injured or affected by the confrontation.
17. Personal to you as offender I consider the following:
    • (i) your guilty pleas;
    • (ii) cooperation with police - you went to police voluntarily and offered a full admission during their investigation;
    • (iii) ifoga and reconciliation as confirmed by both the sa’o of the deceased’s family and the deceased’s mother. According to Tuimauga Falesii, who is the representative of your family, the ifoga involved presentations of fine mats and money not just to the deceased’s family but church ministers, the deceased’s village and district. A statement submitted through probation says that the total monies involved in the presentations was $74,000;
    • (iv) contribution to the deceased’s funeral expenses - Tupea Eliu, sa’o of the deceased’s family confirms through probation they received three cattle beasts and $50,000 to assist with the deceased’s funeral;
    • (v) personal circumstances - you are 51 years of age and a father of 2 children. You are a respected orator and member of your family. You are described as caring and hardworking, responsible for the care of your elderly mother. The testimonials in support from your mother Faalaniga Soe, your wife Failelei Fuatia, Bishop Tasiiva Moamoa, the pulenuu of Fagafau, Leumuava Tupou, the president of Salega 1 Fono Faavae, Faimanu Toesea Atonio speak of your good qualities and character, and your contribution to your family, village, district and church. You have a conviction for possession of an unregistered firearm and cruelty to animal in July 2019. I accept that you are remorseful.

Discussion

18. This is another case of a dispute between neighbouring villages involving stones being thrown around midnight and firearms being discharged. There is a strong suggestion that firearms were being discharged to disperse the crowd. Even then, the risk of serious injury or death was high. The risk became a reality when a 37 year old father of a young daughter, who had only been back in his village for day to help his mother out on their cattle farm, and had no involvement in the confrontation was struck by a gunshot you fired and killed.
19. In sentencing, the loss of a human life is always an important consideration and depending on the particular circumstances of each case, the court must never lose sight of the gravity of the crime of manslaughter (see Police v Matalavea [2002] WSSC 30).
20. Prosecution submits that a custodial sentence is appropriate. They recommend a starting point of 15 years. They rely on Police v Vaili [2005] WSSC 1; Police v Iva [2011] WSSC 142 and Police v Liligia [2007] WSSC 101, all manslaughter cases involving use of a firearm.
21. Your counsel submits on the other hand that those cases cited by prosecution and Police v Vavao [2011] WSSC 81; and Police v Neemia [2025] WSSC 1 involved deliberate attacks on identifiable victims who had personal confrontation and disagreement with the defendants. Counsel argues that your offending involved a heat of the moment reaction during a dangerous confrontation between villagers; and that you fired shots away from the crowd where the deceased was not visible, intending to deter others from escalating the violence.
22. Counsel submits that a non custodial sentence of 2 years supervision is appropriate in the circumstances of your case. Alternatively, should the court consider a term of imprisonment, 4 years would be the appropriate starting point.
23. I have considered the facts of each case cited by both counsel. Though involving the use of a firearm, none had circumstances similar to yours.
24. Whilst I accept that you could not identify the deceased when you fired the shots, I consider significant that you took a loaded weapon to where the confrontation took place intending to use it; and you did not fire shots in the air but within the vicinity of the field where crowds were gathered from the opposite direction. Your conduct was highly dangerous and reckless. One of the three shots fired killed the deceased. A deterrent custodial sentence is the appropriate penalty.
25. I take into account the aggravating and mitigating features of the offending and adopt 12 years as the appropriate starting point. I make no uplift for your previous conviction involving an unregistered firearm.
26. I make the following deductions. For the ifoga and reconciliation with the deceased’s family, village and district in accordance with custom and involving significant sums of money, I deduct 9 months. For the contribution in money and food to the deceased’s funeral, I deduct 6 months. For your personal circumstances including the testimonials in support and plea for leniency by the deceased’s family, I deduct 9 months. For your cooperation with police and remorse, I deduct 6 months. The remainder is 9 years and 6 months. I make a final deduction of 2 years and 6 months for your guilty pleas. The end sentence is seven (7) years imprisonment.

Result

27. You will serve the following sentences concurrently:
    • (i) On the charge of manslaughter, you are convicted and sentenced to seven (7) years imprisonment;
    • (ii) On the charge of using a firearm, you are convicted and sentenced to 2 years’ imprisonment;
    • (iii) On the charge of possession of an unregistered firearm, you are convicted and sentenced to 12 months’ imprisonment.

Coronial Finding

28. Lastly, I issue the Coronial Finding to certify that Iupeli Siliva Mose (aka) Fautua Tuipea, a 37 year old male of Samataitai died at Foailalo District Hospital on the morning of 17 June 2024 due to traumatic brain injury from a gunshot wound. I further confirm that the accused has been dealt with according to law.

JUSTICE ROMA