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Police v Lalafaga [2016] WSSC 65 (14 March 2016)

SUPREME COURT OF SAMOA
Police v Lalafaga [2016] WSSC 65

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

TAFAOIMALO LALOPU’A LALAFAGA male of Falealili
Defendant

Counsel:
O Tagaloa for prosecution
Unrepresented

Sentence: 14 March 2016

S E N T E N C E

1. Defendant you appear for sentence on three charges. The most serious one is one of causing actual bodily harm for which you are liable to 7 years imprisonment. The charge of threat carries a maximum penalty of 5 years imprisonment and being armed with a dangerous weapon carries a maximum penalty of 1 year.
2. I am familiar with the facts of this case because on the 26 January 2106 I heard the charge of willful damage against you which I dismissed and I also heard the facts surrounding the offences for which you now appear for sentence. Iosia the victim testified and his testimony was not challenged. The day after he planted his tiapulas he went back to the plantation and he saw you next door. He saw that his tiapula have been destroyed and removed and he asked you. You were angry and you threatened and you approached him. You then struck him with the knife and it was his planting stick (the oso) that he fended your strike. I therefore do not believe what you just told me that it was him who attacked you first. You were angry and you resorted to violence. It is far too common for Samoans to resort to violence when they are angry and that habit must be stopped.
3. I will be sending the wrong message to angry Samoans if those charged with wilfully causing bodily injuries should be let free because they have an elderly mother and that he has a family and that he may be well thought of his village. I have heard and I take into account the plea made by Talomaagao the pulenuu of your village. But the court will not sway away from the proper penalty that should be imposed, and that is a custodial sentence.
4. You are very fortunate that the victim managed to fend off your strike which resulted in a minor injury to himself. In considering the appropriate sentence I will not adopt the 4 years that has been suggested by the prosecution.
5. Taking into account circumstances of your offending I will take 2 years as the starting point. For your early guilty plea I will deduct 8 months. For the ifoga and the village fine that was imposed on you, I will deduct another 8 months. You will serve 8 months imprisonment less any time you spent in custody.

JUSTICE VAAI