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Police v Asiasiga [2014] WSSC 199 (24 November 2014)

IN THE SUPREME COURT OF SAMOA
Police v Asiasiga [2014] WSSC 199

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

TIMOTEO ASIASIGA male of Saleaaumua.
Defendant

Counsel: L Sio and L Tavita for prosecution
Defendant unrepresented

Sentence: 24 November 2014

SENTENCE

1. Timoteo has pleaded guilty to two charges one of causing grievous bodily harm and one of being armed with a dangerous weapon. The police summary of facts which he has admitted says he is a 25 year old single male of Saleaaumua and ia a “tausi aiga.” The victim is a 36 year old male also of his village also “tausi aiga.
2. On Tuesday, 02 September 2014, the village of Saleaaumua was part of the SIDs conference recently held in the country. At the end of the closing ceremony members of the village departed for their homes. The defendant victim and other men of the village had some drinks to celebrate the end of the conference. But the defendant was not happy with the victim and the two of them got into an argument.
3. At about 7:00 pm that evening as the party was finishing and the group began to disburse, the argument between the two men continued. The defendant told the victim “aua nei toe fai atu lau mea lea na fai atu ia a’u i le aoauli.” The victims reaction was to stab the defendant with a small knife causing him to fall off the empty crate of beer he was sitting on. The defendant grabbed the crate of beer and struck the victim on the head causing the victim to fall down. The defendant did not stop there. He delivered a second blow to the top of the victims head using the crate. This second blow caused a large laceration to the top of the victims head. Other members of the group intervened and broke up the fight and took the victim to Lalomanu Hospital.
4. At hospital the injuries noted were one large laceration to the top of the head approximately 4 inches wide, three lacerations to the forehead ranging from 1 inch to 3 inches in width, one laceration to the left eye approximately 2½ inches in width as well as a cut to the victims ear. Substantial injuries by any measure. The victim impact report indicates that more than fifteen stitches were required to suture the wounds to the victims head, more than five stitches to suture the laceration to the left eye, four stitches for the ear wound and various other stitches to suture the other lacerations on the victims face. The report also notes the victim spent five weeks recovering from his injuries. Having seen the photographs of the injuries attached to the police summary of facts I can well understand what the victim said that these injuries were very painful.
5. This is again a case of a defendant using a weapon in this case a beer crate to inflict serious and substantial wounds. And it is obvious the defendant was not satisfied with his one strike. He delivered more than one strike to the victims head. I accept Timoteo was retaliating to being stabbed by the victim but this retaliation was out of all proportion. And no doubt everything was fueled by alcohol.
6. You must understand that the seriousness of the offending and the injuries plus your use of a weapon to deliver multiple blows means an imprisonment penalty cannot be avoided. The maximum penalty for inflicting grievous bodily harm is 10 years in prison. However in all the circumstances a 3 years start point is appropriate.
7. You will receive the following deductions for which you are eligible: firstly for your guilty plea one-quarter of sentence namely 9 months, leaves a balance of 27 months.
8. You have a good pre-sentence report supported by testimonials from your faifeau and your pulenuu. You have a clean police record and a history of looking after your family responsibilities. For those matters I will deduct 6 months from the balance of sentence, leaves 21 months.
9. I accept there was some provocation in the victim stabbing you first with the knife. I deduct 3 months from sentence to reflect that matter. This matter has been settled, that has been confirmed by the probation office. I will deduct 3 months to reflect settlement. Leaves 15 months.
10. There also been a village council fine imposed on you. That has been confirmed by the probation office. For that I deduct 3 months from the balance, leaves 12 months.
11. No other deduction can be made in respect of your case Timoteo. On the charge of grievous bodily harm convicted and sentenced to 12 months in prison.
12. On the charge of being armed with a dangerous weapon convicted and sentenced to 3 months in prison concurrent term. So your net term is 12 months in prison.
    

JUSTICE NELSON