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Police v Siliato [2019] WSFVC 5 (14 June 2019)

FAMILY VIOLENCE COURT OF SAMOA
Police v Siliato [2019] WSFVC 5

IN THE FAMILY VIOLENCE COURT OF SAMOA
HELD AT MULINU’U

BETWEEN:

POLICE
Informant

AND:

LAUGATOGI aka MATEO SILIATO,
male of Saleapaga
Defendant

Counsel:
I Atoa for Prosecution
C Vaai for Defence

Sentencing: 20^th May 2019

SENTENCING DECISION OF ATOA-SAAGA

CHARGE:

1. The Defendant appears for sentencing on three charges of:
   1. Assault
   2. Careless Driving
   100. Unlicensed Driving

THE OFFENDING:

2. The Summary of the facts dated 24^th January 2019 stipulated that on 29^th November 2018 at around 11pm at Satalo Falealili, you were having a drink with your brother and uncle at your house.
3. The victim was sleeping at the time with your children.
4. During the drinking session, you woke her up to prepare food. The victim prepared the food and went back to sleep.
5. You woke her up by punching her on her left eye and kicking her. The victim screamed from the pain in her left eye.
6. Your brother and uncle called out to you to stop but you continued to assault her. Your uncle walked over and took you away whilst the victim was crying at the other side of the house.
7. You picked up the rocks and threw them at the victim. Your brother and uncle took the rocks from your hands.
8. Your children were woken up by the commotion and they cried. The victim took them away and put them to sleep.
9. The next day without making any reference or apologizing about the night before you instructed the victim to iron your clothes and clean the grounds as it was the village inspection that day.
10. The victim sought help from another woman of the village who was the representative of the Women’s Committee from Falealii. It has not been the first time that you had beaten her and she wanted to leave with your children.
11. The Falealili Women Representative accompanied the victim to the Poutasi Police Station where the victim lodged a complaint against you. The Police took her to Poutasi District Hospital for treatment of her eye. She also wanted to be dropped off at her home at Saleapaga Aleipata. She did not want to return to you and your family because you beat her often and sometimes when your children are present.
12. The same morning, you became aware of the complaint lodged against you. You contacted the Police and asked if you could come down and make amends with the victim.
13. The Police advised you that Police Officers will visit you and take your statement but you still insisted on going down to the Police Station.
14. You used the Company’s vehicle. The vehicle was involved in an accident at Tiavi.
15. The police attended to the crime scene and escorted you to Apia Police Station where it was discovered that your license had expired on 1^st November 2018.
16. You were cautioned on the same day and interviewed by the Police.
17. You were remanded in custody until 3^rd December 2019. You were bailed to sign at the Apia Police Station every Friday before 12pm and to stay at Satalo Falealili. You were ordered not to re-offend.
18. You pleaded guilty on 14^th January 2019 through Counsel.

BACKGROUND OF THE ACCUSED AND THE VICTIM

19. You are a 30 years old male of Satalo and Lepa. You are married to the victim and you have 3 children. You also work at R & R Company at Vaitele.
20. The victim is your wife. She is 29 years of age.
21. Your wife and children are currently living with your extended family.

AGGRAVATING FEATURES OF THE OFFENDING

Assault

22. Section 17 of the Family Safety Act 2013 stipulates that where the offence took place in a domestic relationship, the Court shall consider that as an aggravating factor during sentencing. The victim of the offence is your wife and I treat that as an aggravating feature against you.
23. She was vulnerable and defenceless at the time of the assault. She had just completed preparing the food for you, your brother and uncle yet you repaid her act of kindness by assaulting her. Your treatment of your wife is similar to that of a slave and a master.
24. You continued to assault her.
25. You even threw her with stones. If your Uncle had not intervened, she would have sustained critical injuries.
26. Your children were woken by the commotion and witnessed your acts of cruelty.
27. Your wife had to consult and seek help with a person outside your family.
28. This is not the first time that you had beaten her in front of your children.
29. Despite the injuries and your callous treatment of her, you expected her to iron your clothes and clean up the grounds. You showed total disregard for her and appeared unsympathetic towards her. Your treatment of your wife is as I have stated previously, is no better than a slave.

Careless Driving and Unlicensed Driver

30. Notwithstanding the advice from the Police, you still drove the Company’s vehicle to Apia. The vehicle was not your personal property. You were involved in an accident because of your careless driving.
31. You drove the vehicle also knowing that your license had expired.

MITIGATING FEATURES OF THE OFFENDING

32. There are no mitigating features of the offending.

AGGRAVATING FEATURES AS AN OFFENDER

33. You have previous convictions dating back to March 2014 for Dangerous Driving and Threatening words. You were convicted and fined to $200. In February 2017, you were convicted for careless driving and sentenced to pay a fine of $200. In February 2018, you were convicted for causing injury. I have read the pre-sentence report and it arose out of a disagreement between you and a co-worker. I accept also that there was provocation on the part of your co-worker.
34. Your Previous Conviction Card further stipulates that in February 2018, you were convicted and fined for careless driving. Subsequently in June 2018, you were convicted and fined for careless driving and “insufficient brakes” which I am presuming is faulty brakes.

MITIGATING FACTORS AS AN OFFENDER

35. You pleaded guilty at first instance when this matter was called. You were also remanded in custody whilst awaiting the initial mentions date.
36. When you were in custody in December 2018, your wife wrote to the Court to release you because you were the sole income earner. She also testified that you are deeply remorseful.
37. Your wife also filed an Affidavit through your Counsel advising the Court of the adverse effects that a custodial sentence will impose on your family particularly your children who are all attending school.
38. Your mother has also filed an Affidavit in Support of a non-custodial sentence on the grounds that you are the sole income earner and that you have reconciled with your wife. She has also witnessed changes since you attended the Salvation Army program.
39. Your employer Benjamin Ah Liki has filed an Affidavit in Support of a non-custodial sentence. He has accepted your apology for the damage to his Company vehicle. He advises that you are a reliable and a hard worker. The vehicle has been written off and that they have agreed for you to pay back $80,000 which is the full price of the vehicle.

DISCUSSION

40. Domestic violence is pervasive and prevalent in Samoa. It is a major problem and must be curbed as it affects women and children who are the most vulnerable group.
41. Section 5 of the Sentencing Act 2016 stipulates the purposes for which a court may sentence or otherwise deal with a defendant.
    1. To hold you accountable for harm done to the victim and the community by the offending;
    2. To promote in you a sense of responsibility for, and an acknowledgment of, that harm;
    100. To provide for the interests of the victim of the offence;
    4. To denounce the conduct in which you were involved
    5. To deter you or any other person from committing the same or a similar offence
42. You have already attended and completed the program to enable you to overcome your habitual excessive consumption of alcohol which exacerbate the act of domestic violence. The root cause however of you committing the act of violence is not alcohol as you have continuously beaten your wife in front of your children before even when you are not intoxicated.
43. I accept that you are remorseful now because of your fear of imprisonment and the consequences. You were previously convicted for previous criminal charges and would have faced the same fear as you awaited the imposition of the penalties. Those convictions did not deter you from appearing again and again in 2018.
44. The only reason why you are now charged is because a good Samaritan assisted your wife to lodge a complaint against you. I commend the woman representative from Falealili for assisting your wife. The fact that she did not turn to anyone within your family is a concern and raises a question as to what assistance has your family offered the victim in the past. I do note however that your Uncle and brother intervened when you were assaulting the victim. The victim however despite their interventions still sustained injuries. Prevention is required in your case as intervention is ineffective if you have the willpower to commit the act of domestic violence.
45. The strength of the submissions in support of a non-custodial sentence premises on your role as the sole bread winner for your wife, children and extended family. Your employer has also agreed to let you continue working so long as you repay the $80,000 the full price of the vehicle.
46. In deciding as to what the appropriate penalty is, I have had to consider everything in totality. The prevalence of domestic violence in Samoa, the need to deter men from committing unjust acts of violence against their wives, the aggravating features of the offending and your previous convictions of causing injury and also traffic related offences. All these factors justify a custodial sentence.
47. I weigh those factors against the mitigating factors in your favour including the adverse consequences of a custodial sentence on your wife, children and family if you are imprisoned.
48. In my view, a custodial sentence is the only appropriate sentence to deter you from the commission of any offences including traffic offences of which you were convicted twice in 2018. The current traffic charges for which you have been charged arose out of an incident that should not have happened if you had considered seriously previous vehicle incidents in which you had been convicted by the Court.
49. I have also considered the impact that this sentence will have on your family. You are a 30 years old man. Your employer has assured the Court that you will have a job to assist you to pay off the vehicle that was written off. If that promise is genuine, you will be able to work after you have served your custodial sentence.
50. I have also considered the current living arrangements with your wife and children living at your family home. Your wife may be blamed by you and your family for initiating the charge against you. I wish to re-emphasise that I have considered your wife’s plea for leniency for a non-custodial sentence. But it is not her decision but the Court decision in considering all the factors to impose a custodial sentence as the most appropriate sentence to impose. Your act of violence cannot be condoned and you and your family must know how serious the Court views the commission of an act of violence on a woman especially when she is vulnerable and unable to help herself.
51. Being a good provider for your family does not accord a special privilege on you to beat up your wife. You are setting as a leader a bad example for your children. The example that you are setting is that you are teaching your sons that it is acceptable for them to beat up their partners. You are teaching your daughters that it is acceptable for them to be beaten up by their partners because you have the prime example of a husband beating up his wife. Being a provider should not excuse your act of domestic violence and there should not be any excuse to justify your action as a husband and as a father. Your wife and children safety and protection is paramount consideration.
52. You have been supporting your extended family. If there is a time that you will need that support is now. Their support should include protection of your wife and children. They must treat your wife with the same kindness and support that they have shown you as the main provider of your family. If I am to impose a custodial sentence, they should assist your wife and children whilst you are serving your term.

Conclusion

53. I will impose a custodial sentence. Prosecution has sought a starting point of 6 months. I will start with a 6 months sentence which will include the aggravating features of the offending. I will then deduct a month for your guilty plea and 2 months in consideration of the completion of the program and all other mitigating factors.
54. The term I have imposed is a drop in the bucket. You are 30 years old man who has a lot of productive years left of your life. It is important that you learn a valuable lesson to guide you for the rest of your life not only to deter from committing any other offence but to lead your family responsibly in the future.
55. In respect of the charges of careless driving and unlicensed driving. You are hereby convicted and sentenced to 12 months supervision.

JUDGE ATOA-SAAGA