IN THE SUPREME COURT OF SAMOA
HELD AT APIA

CRIM. NO. S.1251/99

BETWEEN:

POLICE
Informant

AND:

IAN TOOMALATAI LAUVAI
male of Vailoa, Aleipata, Afega and New Zealand
Defendant

Counsel: L Tuala for police
TRS Toailoa for defendant

Hearing:
Sentencing: 17 May 1999

ORAL SENTENCE OF SAPOLU. CJ

In assessing what should be the appropriate penalty in this case, the Court takes into account the matters that counsel for the defendant has placed before the Court in mitigation of penalty. In particular, the fact that the defendant has pleaded guilty to the charge against him. He is a first offender. This matter has been settled between the victim and the father of the defendant who paid by way of compensation $300.00 to the victim.

The Court also takes into account the good testimonials that have been submitted together with the probation report to the Court as well as the personal circumstances of the defendant as set out in the probation report.

On the other hand, the Court takes into account the seriousness of the charge against the defendant as well as the gravity of what happened in this case. The defendant may have been under the influence of alcohol but that is not an excuse for what he did.

The Court also has to bear in mind the safety and protection of taxi drivers so that they can drive members of the public around without concern for their safety. I have given careful consideration to this case and in weighing the mitigating factors against the seriousness of the charge and the seriousness of what took place as explained in the summary of facts. ] have come to the view that a custodial sentence should be imposed.

And I do so without information as to the co-defendant whether he has been charged and if so, what has happened to him. What happened is set out in detail in the summary of facts and I need not repeat what has already been stated in the summary of facts. All in all, the defendant is convicted and sentenced to twelve (12) months imprisonment.

CHIEF JUSTICE

Solicitors:
Attorney General's Office, of Apia for informant
Toailoa Law Firm, of Apia for defendant