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Police v Tila [2019] WSSC 32 (25 June 2019)

SUPREME COURT OF SAMOA
Police v Tila [2019] WSSC 32

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN

P O L I C E
Prosecution

A N D

AFA TILA male of Satuimalufilufi and Siumu.
Accused

Counsel:
L Sio for Prosecution
Accused self-represented

Decision: 25 June 2019

O R A L S E N T E N C E

The Charge:

[1] Afa Tila, you appear for sentence on one charge that with intent, you caused serious bodily injury to Fatima Mikaele contrary to section 118(1) of the Crimes Act 2013.

The Offending:

[2] According to the Prosecution Summary of Facts accepted by you: you had a dispute with your wife the victim of your offending on the 5^th March 2019 at Satuimalufilufi. The next morning while the victim was making Samoan cocoa, you tried make amends with her. She however told you to leave and that she wanted a divorce.

[3] Later that day between 3 and 4pm you were placing the cocoa beans into the fire when you dropped it. This caused you to become angry and you told off the victim. The victim’s mother intervened telling you that you should have let their home when you were told to leave. Whilst the victim was picking up the cocoa beans, you then stabbed the victim with a wooden spoon aiming at her right eye. The victim dodged the stab and this landed on her right shoulder. You then stabbed at her again aiming at her right eye but she moved upwards and the wooden spoon left an injury just below her right eye.

[4] When the wooden spoon was slapped away, it broke and left a splinter in her eye according to the summary of facts. I understand this to mean below her right eye as opposed to in her eye as there is no injury to her right eye itself.

[5] You have a previous conviction for dangerous driving. You disputed a prior conviction for actual bodily harm in 2002. It is accepted by the prosecution that you do not have a conviction for actual bodily harm in 2002.

Background of the Accused:

[6] You are a 38 year old male of Satuimalufilufi and Mulifanua. You are married and unemployed. According to your Pre-Sentence Report you completed school to year 12. On completion of school, you worked various jobs before working your family plantation. You have a positive family testimonial from your brother who describes you as supportive, hardworking and thoughtful. You also have a very positive character reference from your Church.

The Victim:

[7] The victim in this matter is said to be your married wife. The summary of facts states that she was 17 years of age yet her Victim Impact Report refers to her age as 19 years of age. Whether she was 17 or 19, your age difference is significant.

[8] In her victim impact report the victim states that she suffers no psychological trauma stating that she was the person who started the dispute and she doesn’t blame you for what has happened. She confirms that you had been to see her, apologized and you wept while apologizing. You asked for her forgiveness and she said that she has forgiven you and wants to withdraw the matter against you as you have reconciled and addressed your relationship.

[9] As a result of your assault on the victim, she has suffered no permanent injury. There was an injury below her right eye and a laceration to her shoulder requiring two stiches.

Aggravating Features of the Offending:

[10] The aggravating features of your offending are:

(i) Your use of the wooden spoon to stab the victim;
(ii) Your domestic relationship with the victim being your wife; and
(iii) The stab injury or the stab was aimed at the face.

[11] There are not aggravating factors personal to you as an offender. For the purposes of sentencing as accepted by prosecution you do not have a prior conviction for assault.

[12] In terms of the mitigating features there are none in respect of your offending.

Mitigating Factors personal to the Offender:

[13] In terms of the mitigating factors personal to you as an offender I take into account the following:

• Genuine remorse, apology and reconciliation with the victim;

• Early guilty plea; and

• Village penalty of 500 boxes of tinned fish and payment of $2,000.00.

Discussion:

[14] Afa, you appear for sentencing on a serious charge of assault causing serious harm with intent. It is a serious charge with the maximum penalty of up to 10 years imprisonment.

[15] As you should be aware from television, newspapers and government programs, domestic violence in Samoa is a significant problem. Yet despite the awareness raising around domestic violence with the hope of stopping domestic violence in Samoa, it continues to be a significant problem. It is also a particularly significant problem between husbands and wives and what is called in English, intimate partner relationships.

[16] Because of the significant problem of domestic violence in Samoa, the Ombudsman recently completed an Inquiry into domestic violence in Samoa and the finding of that Inquiry about the prevalent of domestic violence in Samoa is quite disturbing. There continues to be a very high number of domestic violence matters in Samoa and that is the experience of this Court.

[17] Whilst I accept that you are genuinely remorseful for your actions, you have been forgiven by your wife and you have been punished by your village, a deterrent sentence is nevertheless necessary to deter you and others from committing this type of violence offending against wives and partners. Having said this, I accept that your offending was at the lower end of seriousness of this type of offending. The injuries suffered, whilst serious, are not permanent injuries with the injury requiring two stitches being apparently the most serious. The victim is fully healed with no ongoing impairment and she has no ongoing psychological trauma as a result of your offending.

[18] The sentence I will impose will be both a deterrent sentence to deter you and others from this type of offending but also more importantly to address the cause of your offending which was your anger. In sentencing you I keep in mind your positive steps taken and section 17 (2 e) of the Family Safety Act.

[19] Afa, in sentencing you it is important that when you have differences with others, that those differences should be resolved peacefully and through discussion and not violence. You assault at the end of the day was a cowardly attack on your young wife.

Result:

[20] Prosecution seeks a 2 ½ start point for sentence. In the circumstances I view that start point as too high and I adopt a 2 years start point for sentence. From that start point, I deduct 6 months for your genuine remorse and reconciliation with the victim. I deduct 3 months for your significant village penalty and from the balance, 4 months for your early guilty plea.

[21] Accordingly, in respect of the charge of grievous bodily harm, you are convicted and sentenced to 11 months imprisonment less time remanded in custody. On your release you are to be under the supervision of the Probation Service for the period of 6 months and you are directed to attend not less 6 weeks anger management program as directed the probation service.

JUSTICE CLARKE