IN THE SUPREME COURT OF SAMOA
Police v Nansen [2014] WSSC 90

Case name: 	Police v Nansen	
		
Citation: 	[2014] WSSC 90	
		
Decision date: 	13 January 2014	
		
Parties: 	The Police (Prosecution)
Lafaele Nansen, male of Aleisa and Saleufi (Defendant)	
		
Hearing date(s): 		
		
File number(s): 		
		
Jurisdiction: 	Criminal	
		
Place of delivery: 	Courthouse, Mulinuu	
		
Judge(s): 	Justice Nelson	
		
On appeal from:		
		
Order:		Prison term is reduced to 9 months in prison.  Secondly following your release from prison you will serve 12 months supervision under the direction of the probation office.  The special conditions of that term are you are to attend any anger management course or counseling as directed by the probation office.  Thirdly you will also report at least twice a week to the probation office on the days directed by them.  Fourthly you will obey all other directions given you by the probation office during your 12 months supervisory term.  It is the hope of the court Lafaele that these things will help you change your ways and help you with the anger management problem which you obviously have.  
-		
		
Representation: 	F Lagaaia and G Nelson for prosecution
Unrepresented	
		
Catchwords: 	Actual Bodily harm – assault – previous conviction – Anger management course or counseling 	
		
Words and phrases:		
		
Legislation cited:		
		
Cases cited:		
		
Summary of decision:		

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:
		
THE POLICE
Prosecution

AND:	

LAFAELE NANSEN, male of Aleisa and Saleufi.
Defendant

Counsel:	F Lagaaia and G Nelson for prosecution
Defendant unrepresented

Sentence:	13 January 2014

SENTENCE
	1.	The defendant in this case appears for sentence on a charge of causing actual bodily harm.  He is 24 years of age from Aleisa and Saleufi and is married.  The complainant in this case is his older sister also married 36 years of age with children.  The victim who was the subject of the defendants assault is the sisters husband who is a 35 year old male living with the defendant and his family on the family land at Aleisa. 
	2.	After hearing the evidence adduced in this matter I am satisfied that what occurred was the following:  On Friday the 20th of September 2013 a disagreement arose between the defendant and his sister.  The police alleged in their summary of facts that he assaulted her but there has been no assault charge filed in that regard.  The sisters husband who is the victim found out about the disagreement between the defendant and the sister.  The husband went looking for the defendant.  He did not find the defendant but the defendant found him.  And according to the evidence he struck him with a baseball bat.  No medical report has been placed before the court but the victim impact report says that this strike caused a laceration  to the victims forehead which required stitches.  The victim had to take two days sick leave because of his injury.  

	3.	The documents before the court also satisfy me that this matter has been settled within the family.  There has been mutual forgiveness between the parties.  The victim in his evidence said the defendant came twice to him to apologise.  And on the second occasion he accepted the apology and forgave him for what he did.  He also petitioned for leniency for the defendant and told the court that the defendant helped him with his medical expenses.  
	4.	No doubt Lafaele you have heard in the previous sentencing this afternoon, where the court said that if you attack someone with a weapon and cause a serious injury you can expect a prison penalty.  That is because the court is trying to stop such behaviour by people of our community.  For that reason you have to go to prison for this matter.  The other reason why you need to be sent to jail is because you already have a previous conviction for an offence like this.  Courts records show that in 2009 you appeared in the District Court on charges of armed with a dangerous weapon and threatening words.  On that occasion the court gave you another chance and imposed a suspended sentence.  You have had your chance Lafaele and you failed to make use of it.  
	5.	This offence carries a 7 year maximum penalty.  An appropriate start point for sentence for your matter considering all the circumstances is 2 years.  I upgrade that to 3 years because you have a previous conviction.  For your guilty plea I will deduct one-third of the term namely a period of 1 year leaving a balance of 2 years.  You are not a first offender but you do have a good background of working for your family and living up to your responsibilities as outlined in the pre-sentence report.  You also have good references from your pulenuu and your faifeau.  For those matters I will deduct 6 months from your sentence leaving a balance of 1½ years.  To reflect the reconciliation that has occurred in this matter and your apologies for what you have done a further deduction will be made of 6 months leaves a sentence of 12 months in prison.  So 12 months should be your sentence in this matter.  
	6.	But I have read the probation office pre-sentence report and the other documents and I believe one of your problems Lafaele is you have a temper that you cannot control.  You may benefit from some form of counseling by the probation office.  So I am going to re-adjust your sentence in the following way.  Firstly your prison term is reduced to 9 months in prison.  Secondly following your release from prison you will serve 12 months supervision under the direction of the probation office.  The special conditions of that term are you are to attend any anger management course or counseling as directed by the probation office.  Thirdly you will also report at least twice a week to the probation office on the days directed by them.  Fourthly you will obey all other directions given you by the probation office during your 12 months supervisory term.  It is the hope of the court Lafaele that these things will help you change your ways and help you with the anger management problem which you obviously have.  

	7.	O lona uiga o le faaiuga o lau mataupu Lafaele e te alu muamua e tuli lou 9 masina i le falepuipui i Tafaigata.  A maea lena ona tuli laia o lou 12 masina e te i lalo ai o le vaavaaiga a le ofisa.  Ia talosia ia aoga nei mea mo oe.  Ia ae pule lava lau susuga.   Aua o mea ia e taumafai e le ofisa faa-nofovaavaaia mo le lelei o oe.  E le’o le lelei o le ofisa poo le lelei o matou.  Ua e malamalama i le faaiuga o lau mataupu Lafaele? (Defedant said yes).  Ia faafetai talosia o le taimi mulimuli lea e te toe oo mai ai luma o le faamasinoga i mataupu faapenei.  Faafetai. 
JUSTICE NELSON