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Police v O'brien [2014] WSSC 106 (27 October 2014)

IN THE SUPREME COURT OF SAMOA
Police v Obrien [2015] WSSC 106

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

THE POLICE
Prosecution

AND:

UNASA FARANI O’BRIEN male of Faleula and Tanugamanono.
Defendant

Counsel: O Tagaloa prosecution
Defendant unrepresented

Sentence: 27 October 2014

SENTENCE

1. Unasa appears for sentence on charges of causing injury, intentional damage and armed with a dangerous weapon. Charges to which Unasa has pleaded guilty. The summary of facts which he admitted at the last calling of this matter says he is a 60 year old male of Tanugamanono and Faleula married with 8 children.
2. There are two victims involved in the offending. The first victim is a 39 year old female also of Faleula married with children. The second victim is a 20 year old single male. He is the son of the first victim. According to what the defendant told the probation office these victims lived on a part of the defendants family land at Faleula-uta. A commotion arose at the victims family causing the defendant to go and investigate what was going on. This resulted in an argument where words were exchanged between the defendant and members of the family. Tempers flared, people lost control and the result was the defendants son punched the younger of the two victims. And the defendant damaged the weather guard of the familys vehicle, a weather guard valued in the summary of facts at $15.00.
3. The court has already dealt with the sentencing of the defendants son who played a very minor role in this incident. But the defendant must be dealt with today for his role in the matter. Had the defendant left the matter there it probably would not be before the court but the facts revealed that he used the handle of a jack to hit the first victim on the head as a result of this “tauga upu.” The medical report on this first victim indicates she suffered a 12 cm x 3 cm laceration on the front portion of her head and required seven stitches for her injury as well as pain relief and antibiotics.
4. As a result the defendant stands before the court on these charges. People who use weapons to cause serious injuries are routinely sentenced to prison. Because this sort of behaviour is too common and the courts message to try and discourage people from resorting to this degree of violence should be clear. The defendant is no stranger to court, he has previous convictions for offences of violence. But I do note that those convictions were in the late 70’s in other words they are about 30 years old. It is unavoidable however Unasa that you must serve a prison term for what you did because it involves the use of a weapon namely an extension to a car jack.
5. The maximum penalty for causing injury is 7 years in prison. Considering all the circumstances of your matter however I consider a 2 year term is appropriate. From that you are entitled to certain deductions Unasa which I will now make. For your guilty plea one-quarter deduction that is 6 months leaves a balance of 18 months. There was an element of provocation in this matter from what I have read I will deduct 3 months for that factor leaves 15 months. You have apologised to the complainant in this matter and you have also been banished from Faleula as a result of this offending. For those matters I will deduct 6 months from the balance leaves 9 months in prison.
6. For this matter Unasa of causing injury convicted and sentenced to 9 months in prison remand in custody time to be deducted.
7. The other charge of intentional damage $15.00 weather guard convicted and sentenced to 7 days in prison concurrent term.
8. The final charge of armed with dangerous weapon convicted and sentenced to 6 months in prison also concurrent term.

JUSTICE NELSON