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Police v Toa [2013] WSSC 132 (4 November 2013)

SUPREME COURT OF SAMOA

Police v Toa [2013] WSSC 132

Case name: : Police v Toa

Citation: [2013] WSSC 132

Decision date: 04 November 2013

Parties: POLICE v FETU TALIAOA TOA, male of Afega.

Hearing date(s):

File number(s):

Jurisdiction: Criminal

Place of delivery: Mulinuu

Judge(s): Justice Nelson

On appeal from:

Order:

Representation:
L Taimalelagi and O Tagaloa for prosecution

Catchwords:

Words and phrases:

Legislation cited:

Cases cited:

Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

THE POLICE

Prosecution
AND:
FETU TALIAOA TOA, male of Afega.
Defendant

Counsel: L Taimalelagi and O Tagaloa for prosecution
Defendant unrepresented
Sentence: 04 November 2013

SENTENCE

1. The summary of facts from the police which the defendant accepts states the following: he is a 47 year old male of the village of Afega married with 8 children. He is the bread winner supporting his family and has been doing so for many years. The victim is a 43 year old male also of Afega married with children. At the time of this offending the defendant and victim lived together and they are in fact cousins by marriage. From what I have read it appears their relationship was good and close and they were like brothers.
2. On Friday 13 September they began drinking beer at the defendants house. This drinking session was joined by the victim who brought a bottle of the ever popular Niu Vodka. The drinking session started well enough but as alcohol increased other things began to occur. A dispute arose between the defendant and the victim about some cigarettes. The probation office report says the dispute occurred because the victim was making fun of the defendant and a scar on his forehead. Whatever the reason the defendant became angry and grabbed a machete. He used this to deliver strikes to the victim. His wife and other members of the family intervened and stopped the attack. But not before the victim received injuries to his upper back around the left shoulder, a cut on his left shoulder blade and a cut to the area beneath his left arm on the left side of his rib cage, wounds which required him to be held in hospital for four days for treatment.
3. Fetu once a person resorts to a dangerous weapon such as a machete or a knife and injures another he has himself put one foot inside the prison door. Intoxication is not going to save him or provide any excuse for such actions. That is because the court is trying to stop people from this sort of behaviour when they are drunk. And to send the message out that if you do this sort of thing you will likely end up in jail.
4. I accept Fetu from what I have been told not only in the probation office report but by Taliaoa who is the matai of your family that your matter has been settled. If a knife was not involved perhaps some other penalty could have been applied by the court. But because a machete was involved and because of the injuries suffered by your brother a period of imprisonment is required.
5. The maximum penalty for this offence is 10 years. However considering all your circumstances of your matter Fetu I will start sentence at 4 years in prison. For your guilty plea which also indicates quite strongly your remorse for what you did I will deduct one-third of that period. That is a period of 16 months leaves a balance of 32 months. Because you have a clean record and because of your good history of service to your aiga and also to your village I will deduct 12 months from that balance. Leaving a balance of 20 months. As stated I accept you have reconciled with your brother and that your matter has been settled. It also appears to me that the injuries suffered by your brother were not as serious as they could have been. For those matters I am going to reduce the balance of your sentence to 12 months in prison.
6. For this matter you will be convicted and sentenced to 12 months in prison.

........................
JUSTICE NELSON