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Police v Kolio [1999] WSSC 43 (25 February 1999)

IN THE SUPREME COURT OF WESTERN SAMOA
HELD AT APIA

BETWEEN:

POLICE
Informant

AND:

ALA KOLIO,
of Samea Mulifanua
Defendant

Counsels: Mata Tuatagaloa for the Informant
Scott Reid for the Defendant

Decision: 25 February 1999

VERDICT OF JUSTICE WILSON

It has not been proven beyond reasonable doubt that the accused acted wilfully, in the sense as understood by the law, when you caused injuries to Letelemaaana Fuga. I find the accused not guilty of grievous bodily harm; I find the accused not guilty of actual bodily harm. I do, however, find him guilty of common assault, upon the basis of recklessness. I find that he recklessly applied force to the person of Letelemaaana Fuga by throwing a stone towards him (not intending to hurt him), which stone hit him and, in fact, caused him very serious injury (a fractured jaw).

I will announce my reasons when I sentence Ala Kotio. Bail to continue.

JUSTICE WILSON