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Police v Iele [2002] WSSC 22 (27 August 2002)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

POLICE

Informant
AND:

LUI IELE aka LUI VAITOGI IELE,

male of Fasitoo-tai
Defendant

Counsel: s F. Vaai-Hoglund & Ms A. Faasau for prosecution
Defendant appears in person

Hearing:
Sentence: 27 August 2002

SENTENCING REMARKS OF JUSTICE COOPER

Lui you appear for sentence now on a charge of causing grievous bodily harm.

This is a very serious charge. The maximum penalty available to the court is 7 years imprisonment. I say that to emphasise to you just how serious this matter is.

The fact here are that, on the 12^th May this year, you became involved with a fight with the victim. You punched the victim. Someone punched you and then you hit the victim with a rock. As a result of that the victim received a broken jaw. This argument arose because a long-standing disagreement between your family and the victim’s family over land.

The mother of the victim has addressed the court this afternoon. She has stated that the matter has been settled between the two families asks that the case be withdrawn.

I note from the probation report that there has been a settlement between the two families. That report tells me that there has been a reconciliation and also tells me that a very substantial fine has been imposed by the village. Because of that I am prepared to be lenient but I am not prepared to go so far as to have the charge withdrawn. I hope that this serious incident will be the end of the trouble between you and the victim’s family.

To assist in that, you are to be ordered to come up for sentence if called upon in the next 12 months. What that means is this, if you stay out of trouble in the next 12 months that will be the end of the matter. But if you come before the court for anything else in that time, you can be re-sentenced on this charge; therefore, this matter is handing over your head for the next 12 months, to make sure there is no more trouble.

JUSTICE COOPER