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Police v Peters [2014] WSSC 115 (24 February 2014)

IN THE SUPREME COURT OF SAMOA
Police v Peters [2014] WSSC 115

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

GUS TURO PETERS, male of Vaitele-fou and Vailoa Faleata.
First Defendant

AND:

SAM TAUTAI, male of Afega.
Second Defendant

Counsel: G Nelson for prosecution
Defendant unrepresented

Sentence: 24 February 2014

SENTENCE

3. The two defendants are jointly charged with causing actual bodily harm to the complainant. An offence which carries a maximum penalty of 7 years in prison. In addition to that the defendant Gus Peters is charged with being armed with a dangerous weapon namely a bottle.
4. The facts as related by Gus to the court I accept as the more likely version of what happened. He told the court that they attended a Christmas barbeque at his village on Christmas day 2013. People were drinking alcohol at the barbeque party. He said he was in a truck taking home his sisters children. When he came across the complainant in front of the church at their village swearing and making a commotion on the main road. It would appear that the complainant was intoxicated as confirmed by the complainants medical report. A confrontation occurred between Gus and the complainant. He said that the complainant challenged him to a fight and assaulted him and he retaliated. But he also said they kept on fighting. And at one stage he grabbed a bottle that was lying around and hit the complainant. Hit him in the face. This is consistent with the complainants injuries as confirmed by the medical report. Which said that the complainant had a laceration to his forehead which required four stitches. The complainant also had other lacerations on his head and face and a swelling of the left eye.
5. Sam who is Gus’s nephew was at the back of the truck. When he saw what was happening he got out of the truck and helped his uncle. Helped him assault the complainant. It appears from what I can see in the documents before me that Sam did not use any weapon he only used his fists and his feet to kick the complainant.
6. It is thus clear that the two defendants played a different role in the assault. And that only one of the two of them used a weapon. The other did not. Of the two of them Gus has a criminal record and Sam does not. It is therefore appropriate to deal with the two defendants separately and differently.
7. The aggravating factors Gus of your offending is you used a bottle. I have no doubt that was the cause of the forehead wound which required stitches. In August 2009 you were convicted of the same offence actual bodily harm by the District Court. No other penalty Gus can be applied to your case. A penalty of imprisonment must now be applied. The courts are trying to discourage people from resorting to the use of weapons such as bottles every time there is a “misa”. The penalties are more heavy on those who use weapons to inflict serious injuries.
8. The maximum penalty for this offence is 7 years in prison. Considering all the circumstances of your mataupu a start point taking into account your previous conviction is 2 years in prison. From that I will deduct one-quarter of the sentence for your guilty plea that is 6 months leaves a balance of 18 months in prison. If there had been a “fa’aleleiga” or a reconciliation I could have given you credit for that but it appears that has not been done. And since you are not a first offender I cannot give you credit for that aspect either.
9. In respect of the actual bodily harm Gus you will be convicted and sentenced to 18 months in prison. On the second charge of armed with a dangerous weapon you will be convicted and sentenced to 3 months imprisonment. But that term will be served concurrent to your 18 months.
10. Sam your role in the assault was comparatively smaller and lesser. And you did not use a weapon. Still you must take a very valuable lesson from what has happened to Gus.
11. E mafai ona tuu atu se avanoa ia oe i le asō ona o le solitulafono lea na e faia e le ogaoga pe a fuafua i le mea lea na fai e Gus. A’o le avanoa lena Sam e mo nei lava. Amata nei muta nei. A e toe faia se mea fa’apea toe aumai oe i luma o le fa’amasinoga ia ua ese foi la se fa’aiuga ua tatau ona fa’ata’atia atu i lau susuga. Ua e malamalama i le tulaga lea? (Defendant said yes). O lea lava e te faigaluega ia Lyn? (Defendant said yes).
12. I take into account the defendant has pleaded guilty and that he has a good background and pre-sentence report as well as good references. In particular his role in the assault on the complainant. I will therefore deal with him by way of monetary penalty. On the charge of actual bodily harm you will be convicted and ordered to pay the following sums: firstly a fine of $200. Secondly a contribution to the complainants medical costs of $100 to be paid to the probation office. Lastly he will pay probation office costs $50, police costs $50. That total sum of $400 is to be paid by 4:00 pm tomorrow 25 February 2014 in default 3 months in prison.
    

JUSTICE NELSON