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Police v Pasila [2016] WSSC 30 (25 February 2016)

SUPREME COURT OF SAMOA
Police v Pasila [2016] WSSC 30

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

SOO PASILA male of Fasitoo-uta
Defendant

Counsel:
F Ioane for prosecution
Unrepresented

Sentence: 25 February 2016

S E N T E N C E

1. Defendant you appear for sentence on charges of causing actually bodily harm and being armed with a dangerous weapon. For actual bodily harm you are liable to 7 years imprisonment for being armed with dangerous weapon 1 year imprisonment.
2. You are 30 years of age and the victim is 25 years of age, you are both related. It was on the Saturday afternoon 12 December 2015 the victim was drinking Vailima at the grave yard close to your house.
3. According to the summary of facts which you have just recently accepted as true you walked over to the victim where he was drinking. The victim did not leave when you asked him to leave. You then grabbed the bottle of beer that the victim was holding and you hit the back of his head. The victim was injured, he was bleeding as he walked to his house. Later on that day when the victim was walking to the shop you came along and again you punched the victim on the right cheek. He fell to the ground and you walked away. He was subsequently taken to the hospital where he was treated.
4. Six stitches were applied to the lacerations on the back of his head and there was also bruise to his right cheek. The first assault may have been provoked. But the way you reacted far exceeded the provocation given by the victim. There was no excuse for the second assault when you punched the victim on the cheek.
5. It is no wonder that the prosecution is asking the court to consider a term of imprisonment to commence at 2 years imprisonment. The worst aggravating features of the offence is that you used a bottle to assault the victim. Secondly you struck the victim on the head. And those are the matters which tend to persuade me to agree with the prosecution that a term of imprisonment is warranted.
6. I have read the probation prepared on your behalf. The report says that you are truly remorseful for your actions and you seek the leniency of the court for this matter. You have been to prison before on charges of possession of narcotics and that was in 2003. Because it was in 2003, some 13 years ago, I will treat you for purpose of this sentence as a first offender. I am also told by the probation service that you are living with your uncle at Fasitoo-tai and that uncle by the name of Soo thinks very highly of you as a hardworking person in the family.
7. Defendant it is with a lot of hesitation that I will not adopt the recommendation by the prosecution, I will give you another chance and this is your final chance. You must learn to control your anger.
8. For this offence you are convicted and placed on probation for 18 months. Conditions of your probation are that, you will do 30 hours of community work and you will undergo any programme particularly the anger management programme. You will also pay costs of prosecution through the probation service of $500 tala by monthly payment of $100 tala, the first payment to be made on the 31^st March 2016.
   

JUSTICE VAAI