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Police v Tavae [2010] WSSC 17 (29 March 2010)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

TAVAE TAVAE
male of Letogo and Vaitele-uta and

LEALOAIA SAUAGA
male of Vaitele-uta
Defendants

Presiding Judge: Justice Vaai

Counsel: M Lemisio for the prosecution
Unrepresented

Sentence: 29 March 2010

SENTENCE

1. The defendants are charged with the offence of robbery and of actual bodily harm. In the course of the robbery on the 2nd October 2009 they also cause injuries to the victim of the robbery. The victim was walking along a road at Vaitele in the evening. He watched a game of volleyball at the Latter Day Saints Compound from outside a chain link fence.

2. Both defendants were playing volleyball. Lealoaia one of the defendants who was playing at the time went over and questioned the victim, the other defendant Tavae then joined in. One of the boys who was playing volleyball heard the threatening words that Lealoaia said to the victim so he went and told the victim it is better for him to go away. The victim walked away inland towards Vaitele uta. The boy who told the victim to go away then saw the two defendants following the victim. They picked up stones and ran after the victim. The boy followed the two defendants.

3. From a few yards away, this boy saw the defendants grabbed the victim from behind before they both assaulted the victim. The victim fell to the ground and the two defendants ran away.

4. The victim a 40 year old man of Nofoalii and Saleilua villages told the court that after he left the LDS compound where he watched the volleyball game he heard people running behind him. He turned and saw the two young men behind him but there were also others behind the two young men. He was then struck by a stone on his left eye and further assault followed.

5. The assault resulted in injuries to his hands and feet. He could not walk after the incident. The boy who told the victim to go away together with others assisted the victim and obtained transport which took him to the hospital that night. The victim’s vision from his injured eye has been impaired. As a result of injuries to his hands he could not no longer hold a planting stick to grow taros on his plantation.

6. The two defendants took off with his small bag containing his money, packet of cigarettes, a lighter and a mobile phone.

7. Robbery is a serious offence which must be met with a severe penalty. When the robbery is accompanied by violence penalties at the top range of the scale should be invoked.

8. In pursuing their criminal activity the defendants engaged stones to assault the victim. The fact that both of them may have been under the influence of alcohol does not excuse their action, it does not go into mitigation either.

9. Although the value of the items stolen were insignificant, the violence involved and the injuries which resulted exacerbated the offending.

10. For the defendant Sauaga Lealoaia I take into account the mitigating factors namely that he is a first offender and that he is truly remorseful. For the defendant Tavae Tavae I find no mitigating factor. I take his previous convictions as an aggravating factor.

11. Taking into account the surrounding circumstances of the offending, I take 2 years as a starting point for the offence of robbery. For the defendant Sauaga I deduct 6 months for his previous good conduct. For his remorse I deduct a further 6 months. He will serve 1 year imprisonment on the charge of robbery. On the charge of actual bodily harm he is sentenced to 6 months imprisonment to be served concurrently with the 1 year for the robbery.

12. For the defendant Tavae I also take 2 years imprisonment as a starting point for the offence of robbery. For his previous convictions which I regard as an aggravating factor I add a further 6 months. He will serve a total term of 2 ½ years. On the offence of actual bodily harm he is sentenced to 6 months imprisonment to be served concurrently with the 2 ½ years. Your terms of imprisonment will commence from the 22nd December 2009 when you were remanded in custody.

JUSTICE VAAI