IN THE SUPREME COURT OF SAMOA
Police v Molia [2014] WSSC 208

Case name: 	Police v Molia	
		
Citation: 	[2014] WSSC 208	
		
Decision date: 	10 December 2014	
		
Parties: 	POLICE (Prosecution)
ITAI MOLIA male of Sapapalii. (Defendant)	
		
Hearing date(s): 	-	
		
File number(s): 		
		
Jurisdiction: 	Criminal	
		
Place of delivery: 	Supreme Court of Samoa, Mulinuu	
		
Judge(s): 	Justice Nelson	
		
On appeal from:		
		
Order:	On the charge of causing injury convicted and sentenced to 12 months in prison.  
On the second charge of assault that is a duplicate charge, that is dismissed.  
On the third charge of armed with a dangerous weapon namely a sapelu convicted and sentenced to 6 months, concurrent term.  So your total term in this matter will be 12 months in prison less any remand in custody time awaiting sentence.  	
		
Representation: 	O Tagaloa for prosecution
Defendant unrepresented	
		
Catchwords: 	Armed with a dangerous weapon – causing injury 	
		
Words and phrases:		
		
Legislation cited:		
		
Cases cited:		
		
Summary of decision:		

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:
		
POLICE
Prosecution

AND:

	ITAI MOLIA male of Sapapalii.
Defendant

Counsel:	O Tagaloa for prosecution
Defendant unrepresented

Sentence:	10 December 2014

SENTENCE
1.	Itai appears for sentence on three charges: causing injury, assault and armed with a sapelu.  The police summary of facts which he admitted this morning says he is a 51 year old male of Sapapalii married with children and “tausi aiga.”  The victim is also from Sapapalii he is a 40 year old male and is a relative of the defendant.  
2.	This incident came about as a result of a dispute between the defendants son and the victim about coconuts.  Coconuts which both parties collect to sell to local buyers.  The dispute arose because the defendants son believed the victim stole some of his coconuts.  The son went and told the defendant about this and the defendant and his son went to the plantation and confronted the victim.  At that time the defendant was armed with a machete.   An argument broke out between the defendant and the victim resulting in the defendant stabbing the victim in the neck and throwing a coconut at his head.  People intervened and stopped the assault and took the victim to the hospital at Tuasivi.  
3.	The medical report from Tuasivi Hospital states that when he was admitted victim was suffering from a 3 cm penetrating wound on the right anterior part of his neck.  As well he had a 2 x 2 cm laceration on the right side of his head.  The injuries were stitched by the doctor and the victim kept overnight in hospital for observation.  He was subsequently released with pain killers and the normal antibiotics and although he has some permanent scarring from these injuries the victim impact report states the victim seems to have fully recovered.  
4.	Causing this sort of injury carries a 7 year maximum penalty by law.  It is serious offending Itai and the use of weapon such as a knife and a coconut to inflict head injuries on an unarmed victim means an imprisonment term is unavoidable.  A deterrent sentence is required for you and for others.  The message is that if you resort to weapons when you are angry then come prepared to feel the punishment of the law.  
5.	There are three charges against you. The most serious is causing the injury.  I accept prosecution submission that 3 years in prison is where penalty should begin.  From that you are entitled to deductions the first of which is for your guilty plea.  A deduction of one-quarter of penalty; leaves a balance of 27 months in prison.  You have a good probation pre-sentence report Itai.  You have a clean police record and a good background and references from your faifeau and pulenuu.  To take account of those matters I deduct 6 months leaves a balance of 21 months.  This matter has been reconciled that has been confirmed.  To acknowledge that I deduct 3 months leaves a balance of 18 months.  Pre-sentence report confirms that your nuu has imposed a penalty.  That fine has been paid.  To acknowledge that I deduct 6 months from the balance leaves 12 months in prison.  There are no other deductions that can be made for your matter Itai.  
6.	On the charge of causing injury convicted and sentenced to 12 months in prison.  
7.	On the second charge of assault that is a duplicate charge, that is dismissed.  
8.	On the third charge of armed with a dangerous weapon namely a sapelu convicted and sentenced to 6 months, concurrent term.  So your total term in this matter will be 12 months in prison less any remand in custody time awaiting sentence.  

JUSTICE NELSON