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Police v Fualetoelau [2014] WSSC 155 (28 July 2014)

IN THE SUPREME COURT OF SAMOA
Police v Fualetoelau [2014] WSSC 155

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

LIVA MOLESI FUALETOELAU, male of Siumu, Vaoala and Vaitele.
Defendant

Counsel: O Tagaloa for prosecution
Defendant unrepresented

Sentence: 28 July 2014

SENTENCE

1. The defendant appears for sentence on a charge of causing grievous bodily injury and being armed with a dangerous weapon. The weapon being a bottle. The police summary of facts which he has admitted this morning says that he is a 41 year old male of Siumu. The complainant is a male of Mulivai Safata but lives in Siumu. The defendant is single and unemployed, the complainant is married with 5 children. The defendant and the complainant are neighbours and it appears the defendant is related to the complainants wife.
2. This incident occurred on Saturday, 26 April between 9:00 and 10:00 pm at night. The defendant had been drinking and according to the police summary of facts was intoxicated. Next door to his house were members of the complainants family who had also been drinking and were also intoxicated including the complainant. It appears that the defendant overheard the complainant and the other boys of the family talking and joking about him. It appears from the pre-sentence report that they were making fun of the defendant who suffers from an epileptic condition from time to time. The defendant heard this and became angry, walked next door to the complainants house, grabbed a half empty bottle of taula beer and threw it at the complainants left eye. Caused the bottle to crack and it caused lacerations to the complainants face. The police summary of facts says the defendant also grabbed another bottle beer and hit the complainant on the head with it. The complainant cried out for help and the defendants brother came to his aid.
3. The brother chased the defendant home and helped the complainant with his injuries. Took him to Poutasi District Hospital and the following injuries were noted: lacerated wound front of head two stitches required; lacerated wound parietal area dressing applied; lacerated wound left cheek two stitches required; lacerated wound below left eye one suture, lacerated wound upper left eye four sutures; Substantial injury to the area around the left eye.
4. At the time that this offence occurred the defendant was on parole for a murder he had committed in 2003. He had served his 10 years and had been released on parole by the Prison Authorities on 27 September 2013. He had returned to his family in Siumu but one of the conditions of his parole was that he was to stay away from alcohol and further not to reoffend. Conditions he broke in this matter so no doubt his parole has been or will be revoked. It is still necessary however for the court to sentence Liva for the offences that he has committed and the two charges he has pleaded guilty to.
5. I will deal firstly with the more serious charge that of grievous bodily harm. Grievous bodily harm carries a 10 year maximum penalty by law. Considering all the circumstances of this matter and your use of a bottle a 3 to 4 years start point for sentence is appropriate. I take the higher start point of 4 years because of your pervious conviction. For your guilty plea Liva I deduct one-quarter of that period namely 12 months leaves a balance of 36 months. I accept that you were provoked into action to a degree by the comments that were being made by these boys. To reflect that matter I will deduct three months from the balance of sentence leaves 33 months.
6. The pre-sentence report indicates that an apology has been rendered in respect of this matter and while it was not done specifically by you because you were in custody I accept it was done on your behalf. For that I will deduct 3 months from the balance of your sentence Liva leaves 30 months.
7. On the charge of grievous bodily harm you are convicted and sentenced to 2½ years or 30 months in prison. On the second charge of armed with a dangerous weapon namely a beer bottle convicted and sentenced to 3 months in prison, term to be concurrent.
   

JUSTICE NELSON