IN THE SUPREME COURT OF SAMOA
Police v Mano [2015] WSSC 162

Case name: 	Police v Mano	
		
Citation: 	[2015] WSSC 162	
		
Decision date: 	27 July 2015	
		
Parties: 	The Police (Prosecution)
Falaniko Sefo Mano, male of Utualii (Defendant)	
		
Hearing date(s): 	-	
		
File number(s): 		
		
Jurisdiction: 	Criminal	
		
Place of delivery: 	Supreme Court, Mulinuu	
		
Judge(s): 	Justice Nelson	
		
On appeal from:		
		
Order:	On the charge of causing injury you will be convicted and sentenced to 3 years in prison.  Any remand in custody time awaiting sentence to be deducted.  
On the charge of causing actual bodily harm on police application that is withdrawn and dismissed.  Because that is covered by the first charge of causing injury.  
On the charge of threatening to kill there is no evidence in the police summary of facts the defendant threatened to kill the victim.  His words cannot be construed as conveying a threat to kill the victim. That charge is dismissed for lack of evidence.  
On the charge of armed with a dangerous weapon namely the bottle and the pot they carry one year maximum penalties by law.  Making appropriate deductions for mitigating factors convicted and sentenced on each charge to 3 months in prison terms concurrent.  	
		
Representation: 	Ms Amosa for prosecution
Defendant unrepresented	
		
Catchwords: 	-	
		
Words and phrases:		
		
Legislation cited:		
		
Cases cited:		
		
Summary of decision:		

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:
		
THE POLICE
Prosecution

AND:

	FALANIKO SEFO MANO, male of Utualii.
Defendant

Counsel:	Ms Amosa for prosecution
Defendant unrepresented

Sentence:	27 July 2015

SENTENCE
1.	Falaniko has pleaded guilty to a number of charges against him: causing injury with intent, causing actual bodily harm, threat to kill, armed with dangerous weapon two counts.  This morning he admitted to the police summary of facts which states he is a 35 year old male of Utualii and the victim in this matter is his 25 year old wife.  The couple have been together for a number of years and they have three (3) children.  The defendant is responsible for up keeping the family and the wife stays at home and attends to looking after the children and other domestic duties.  
2.	On the 28th of March 2015 the defendant was consuming alcohol with members of his family.  He had been drinking for most of the night.  The next day a member of the family went to the wife and asked her to please come and take her husband home he was very drunk and becoming a nuisance.  At that time the victim was six (6) months pregnant with the couples latest child. The victim walked to the house where the defendant was drinking and when the defendant saw her he told her to go home immediately.  
3.	The victim complied and a short while later the defendant arrived at their house with a bag of frozen chicken.  He threw the bag on the floor and ordered the wife to make him some food.  The wife picked up the bag of chicken and went to the kitchen and began preparing the food.  The defendant must have become impatient because the summary says that shortly afterwards he walked into the kitchen and asked the victim where the food was.  
4.	The defendant then reached for a small size metal pot and without warning hit the victim in the head.  According to the summary he also struck her in the eye causing the victim to fall to the ground and momentarily black out.  Other family members tried to intervene and stop the defendant.  However he chased them away saying “o ese oukou kuu ai pea e fasi, a oki a oki ai pea.” The summary of facts also says the defendant tried to kick the victim in the stomach.  And the victim was trying to protect herself and her unborn baby from the kicks.  
5.	The victim ran out of the house and went to the neighbouring house of a family member.  The defendant followed the victim and at that house approached her and tried to pull her out.  Grabbed an empty beer bottle and hit her on the head causing the bottle to smash cutting the victims left ear and neck.  The defendant continued to beat her with his hands and verbally abuse her while family members tried to stop him.  Causing the victim to be able to get away.   She ran to the main road with her children and caught a taxi to her family at Fasitoo.  
6.	Later that evening the victim was taken to the Leulumoega Hospital.  Medical report outlines the victims injuries: bruising and swelling to her right eye; small superficial lacerations to the left side of neck and left earlobe.  The report notes the victim was 6 months pregnant but the foetus had not been affected by the attack.  From what is before me it seems the baby was subsequently born without any problem and is now the youngest of the couples three children.  
7.	This is a serious case of domestic violence offending.  The lead offence of actual bodily harm carries a 7 year maximum penalty and the other subsidiary offending carry imprisonment maximum penalties.  Over the past decade or so there has been much publicity in this country on the issue of domestic violence.  Counselling men that it is no longer acceptable to beat your wife.  The defendant is an educated man.  He went through school and even attended Teachers Training College after finishing school at Pesega according to his pre-sentence report.  He has held various jobs in and around Apia in a working career.  
8.	I have no doubt the defendant was exposed to all these public commentaries and publicity.  So he is well aware of the nature of the domestic violence problem in this community. There have also been many pronouncements from this and other courts regarding the growing problem of domestic violence and how the courts have been responding and addressing it.  And warning people especially husbands of the potential consequences of domestic violence offending.  
9.	The offending in this case is aggravated by the fact the wife at the time was 6 months pregnant.  The wife appeared before the court this morning pleading for leniency and mercy for her husband.  I have seen her she is about half the defendants size.  Notwithstanding that the defendant was not content with just using his hands he resorted to assaulting her with weapons. Firstly a pot and then an empty beer bottle and both times delivered the blows to her head area.  The summary of facts says he also tried to kick his pregnant wife in the stomach.  The callousness of his actions is reflected in his chasing away people trying to help the woman and saying words to the effect of ‘if she dies she dies.’  
10.	You sir were a drunken beast totally out of control.  Alcohol cannot be blamed because self induced intoxication is never justification for anything.  Imprisonment is plainly required for your case to hold you accountable for your actions.  And as a deterrent for the defendant personally.  I note the defendant has a previous conviction for wilful damage, an offence of violence.  He was given a chance by the court on that occasion he was not sent to prison.  He has learnt nothing from that experience.  A stronger message is now required.  Sentencing must also denote community disapproval of this sort of behaviour.  And send a message to all husbands that if you behave like this imprisonment is very likely your fate.  
11.	I have noted what your wife said this morning Falaniko and her petition to withdraw her complaint because the matter has been reconciled.  But matters like this cannot be withdrawn because they are serious and the court must do something about it in the public interest.  The victim herself is aware this is not the first assault committed on her according to the documents before the court.  She could have lost her baby and potentially her own life if this attack had continued and she were unable to escape.  
12.	On the charge of causing injury the maximum penalty is 7 years in prison.  Considering all the circumstances I start sentence at 5 years which includes a 6 months upgrade to reflect the defendants previous conviction.  For that Falaniko you are entitled to certain deductions which I will now make for you.  For your guilty plea which has saved the necessity of a trial and time of the court a one-quarter deduction namely a period of 15 months, leaves a balance of 45 months.  It is also an expression of your regret and remorse.  
13.	The victim impact report indicates that after the incident the defendant went to the wife’s family at Fasitoo knelt before her parents and apologized and expressed regret and remorse for his wrong doing.  The apology was accepted and that was confirmed by your wife this morning.  To reflect that fact 6 months will be deducted from your sentence, leaving 39 months balance.  
14.	Falaniko you have a good background and a good pre-sentence report.  But this is not your first offence.  Three (3) months will be deducted to reflect that, leaves a balance of 36 months.  
15.	On the charge of causing injury you will be convicted and sentenced to 3 years in prison.  Any remand in custody time awaiting sentence to be deducted.  
16.	On the charge of causing actual bodily harm on police application that is withdrawn and dismissed.  Because that is covered by the first charge of causing injury.  
17.	On the charge of threatening to kill there is no evidence in the police summary of facts the defendant threatened to kill the victim.  His words cannot be construed as conveying a threat to kill the victim. That charge is dismissed for lack of evidence.  
18.	On the charge of armed with a dangerous weapon namely the bottle and the pot they carry one year maximum penalties by law.  Making appropriate deductions for mitigating factors convicted and sentenced on each charge to 3 months in prison terms concurrent.  
19.	O lona uiga o le aofai o le faasalaga e tuli e lau susuga Falaniko mo mataupu uma ia e 3 tausaga ae toese ai le taimi sa e nofo taofia ai e faatalitali le faaiuga a le faamasinoga i le mataupu lenei.  

JUSTICE NELSON