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Police v Paleso'o [2015] WSSC 200 (16 November 2015)

IN THE SUPREME COURT OF SAMOA
Police v Leafa PALESO’O [2015] WSSC 200

THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

AND:

LEAFA PALESO’O, male of Lona Fagaloa
Defendant

Counsel:
Mr Tagaloa for the Prosecution
Defendant appears in Person

Hearing: 16 November 2015

SENTENCE OF JUSTICE TUATAGALOA

The charge:

1. Leafa Paleso’o, you are now to be sentenced on two (2) charges: (i) grievous bodily harm having stabbed Pili Tuasivi on the back with a penalty of not more than 10 years’ imprisonment; and (ii) being armed with a dangerous weapon, namely a kitchen knife, with a penalty of not less than one year imprisonment.

The offending:

2. The victim was on his way home with his sister when they came upon the accused who swore out loud. The victim was offended because he was with his sister and had an altercation with the accused. The fight was broken up and the accused went home and came back with a knife. The accused found the victim on the road and stabbed him.

Aggravating Factors:

3. I find the following aggravating factors to this offending:
   • Pre-meditation: The accused went home, got a knife, came back and stabbed the victim.
   • Use of a weapon: Injury was caused from the use of a knife that was so out of proportion from what allegedly took place.
   • Severity of the injury: The victim sustained severe injuries in that his right lung was affected. The victim underwent surgery and remained in the hospital for seven days.
   • Higher level of culpability: The accused getting a knife from home and going back to find the victim and using the knife to stab him shows a high level of culpability on the accused part. Being under the influence of alcohol did not help.
   • Impact on the victim: I have no doubt that this offending and the serious injury sustained by the victim would have an impact on his life.

Mitigating Features:

4. The following mitigating features are to the accused favor:
   1. Apology: The accused family apologized to the victim’s family.
   2. Remorseful: I accept that the accused was remorseful.
   3. Village Penalty: The village has penalized the accused for what he did. Perhaps villages should not just impose the usual penalties they do on the accused (and family) of food and money, but should also look at addressing and sanctioning alcohol consumption amongst men within the village.
   4. First offender: The accused being a first offender is obviously of previous good character.
   5. Early guilty pleas.
5. In the circumstances of this particular matter I find that a custodial sentence is appropriate. I consider a starting point of five years to be appropriate, less the following:
   • 12 months for previous good character;
   • 6 months for your family’s apology to the victim’s family;
   • 6 months for your remorse, as the saying in Samoan goes, “By the time you are remorseful, it’s too late,” (E salamo ifo ua tuai) remorse is not enough to keep you out of jail;
   • Less 2 months for the village penalty;
   • 1/3 for your early plea (10 months).
6. Leafa, you are convicted and sentenced to two (2) years’ imprisonment for the injuries you caused to Pili Tuasivi.
7. For the offence of armed with a dangerous weapon or the knife that you used, I have taken the use of the knife as an aggravating factor to the offence of causing injury. You are therefore discharged without conviction for this offence.
   

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Justice Mata Tuatagaloa