Home | Databases | WorldLII | Search | Feedback Supreme Court of Samoa

Police v Lautolo [2022] WSSC 16 (16 March 2022)

IN THE SUPREME COURT OF SAMOA
Police v Lautolo [2022] WSSC 16 (16 March 2022)

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E

Prosecution

AND:

HOWARD TIAPEPE LAUTOLO, male of Vaitele-fou and Solosolo

Accused

Counsel: B. Vukalokalo for Prosecution
Accused in Person

Sentence: 16 March 2022

SENTENCING OF TUATAGALOA J

1. The accused appears for sentence on the charges of causing grievous bodily injury^[1] which charge carries maximum penalty of 10 years’ imprisonment; and the charge of armed with a machete, a dangerous weapon^[2] which carries a maximum penalty of 12 months’ imprisonment and throwing an object (empty beer bottle)^[3] with a maximum penalty of 12 months’ imprisonment.
2. The accused confirmed the summary of facts provided by the prosecution and what he said in the pre-sentence report (PSR) as follows:
   • On 12^th July 2021 around 7.30pm the accused, victim and two friends were drinking a bottle of Rover vodka across from a shop at their village. During their drink up the accused’s sister came to the shop to buy something when the victim said something inappropriate to the accused’s sister. According to the accused (in PSR) the sister went and told their parents and shortly after the parents came to speak with the victim but the victim yelled at his parents. The accused was said to have been angered by the behaviour of the victim – first to his sister and then to his parents.
   • While drinking the accused got up and peed close to where the victim and their friends were drinking and the victim was heard to have said to the accused that what he was doing would result in being punched to the mouth and the accused tauntingly replied that, that would be a very nice. The victim got up and punched the accused on the jaw and the accused fell down before having zipped up his pants. The accused and the victim got into an argument and was stopped by their friends from getting in to a fist fight. The accused then left and went home.
   • When the accused left the victim and the friends shifted their location from across the shop to the front of the shop and continued drinking. Not long after, the accused was said to have walked back to the shop where this group were drinking with an empty small beer bottle. The accused confirmed this saying that he was still angry with the victim.
   • The accused, the victim and their friends again moved back to where they originally were drinking and while sitting opposite the victim the accused threw the empty beer bottle at the victim and missed. The accused then stood up and with a kitchen knife he brought with him from when he went home and repeatedly stabbed the victim to the head area, left shoulder and back.
3. The victim sustained multiple stab wounds on his head, left shoulder and back. Each stab wound was 2 x 2cm in depth. The accused said in court that he stabbed the victim on his back. The prosecution did not provide a medical report to the court to confirm the wounds sustained by the victim nor confirmed as to how many stab wounds there were. The Victim Impact Report (VIR) provided from the victim does not say anything regarding the wounds sustained. The summary of facts says that the victim was sutured and sent home on medication. The inference would therefore be that the wounds or injuries were not life threatening or very serious requiring any surgery nor admission to hospital.
4. The accused was 18 years’ old at the time of the offending and the victim was 20 years’ old. The accused is considerably young. At the first mention of the matter the accused pleaded guilty to all three offences and was ordered to undergo the Salvation Army psycho-educational programs for six (6) weeks and to report back for sentencing upon completion. The accused has completed the programs.
5. The Salvation Army Report dated 28^th October 2021 says that the accused despite having attended the Salvation Army programmes did not abstain from alcohol but continued to drink. This causes some concern to Mr. Senio the Salvation Army programme coordinator who has recommended as a condition of sentence that the Howard continues to engage with their service through receiving two additional cognitive behavioural therapy sessions.
6. The court notes that there is provocation involved which led to the actions or behaviour of the accused later on in the night. In the eyes of a Samoan, the behaviour of the victim towards the sister and parents of the accused is extremely insulting and goes against our traditional values.
7. The mother of the accused speaks of the accused as a reliable person within their family. The accused church minister has provided a written testimonial of the accused being an obedient member of his congregation who attends church regularly and is part of the church choir.
8. The most aggravating features of this offending is the use of a weapon (kitchen knife) and that it was intentional for the accused went home and returned with the knife. The prosecution recommends a custodial sentence with a starting point of 4 years relying on similar sentencing cases of this court.
9. In the circumstances of this offending and those personal to the accused, this young accused needs a second chance. His family and his church minister who have spoken highly of the accused are to take responsibility for the rehabilitation of the young accused to make sure that he stays on the right path so as not to re-offend. It all lies in who he associates with and the family need to monitor this and the church also needs to play its role in carrying out its ministerial work amongst the youths of the church.
10. The young accused is convicted of all charges and sentenced together to 18 months’ supervision with the following conditions:
    • (i) To attend four additional cognitive behavioural sessions with the Salvation Army as recommended by Mr Senio;
    • (ii) To carry out 60 hours’ community service as ordered to by Probation;
    • (iii) To attend church every Sunday and other church activities or groups;
    • (iv) To report to Rosana Iosefa (lay preacher) every Saturday;
    • (v) To sign in with Probation fortnightly on Fridays before 2pm;
    • (vi) He is not to apply for a passport while serving his supervision term. If a passport has been handed in to the Registrar, that passport can only be released upon serving the full term of supervision.
      

JUSTICE TUATAGALOA

^[1]Crimes Act 2013, 118(1).
^[2]Police Offences Ordinance 1961, 25.
^[3] ibid., 26.