Home | Databases | WorldLII | Search | Feedback Supreme Court of Samoa

Police v Tauasa [2015] WSSC 227 (13 April 2015)

IN THE SUPREME COURT OF SAMOA
Police v Tauasa [2015] WSSC 227

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

ALEXANDER JUNIOR TAUASA, male of Matautu-uta.
Defendant

Counsel: O Tagaloa for prosecution
Defendant unrepresented

Sentence: 13 April 2015

SENTENCE

Alexander appears for sentence on two separate matters, one of grievous bodily harm and one of theft of an I-phone. I will deal with the more serious one first the grievous bodily harm charge. The police summary of facts which the defendant admitted this morning says he is a 25 year old male of Matautu-tai single employed by Ceces bingo at Savalalo. The victim is a 35 year old male of Satupaitea Savaii and Vaipuna married.

On Wednesday, 25 December Christmas Day 2014 at about 1:00 am in the morning the victim was drinking with other taxi drivers at the four corners taxi stand at Vaipuna. Later that night the defendant joined the drinking party. The party continued until about 5:00 o’clock in the morning when differences arose between the victim and the defendant causing an altercation and the defendant punching the victim causing him to fall onto the ground. The police summary says the defendant then threw a beer bottle. The bottle hit the victims face and smashed into pieces on the ground. Defendant fled the scene and the other taxi drivers helped take the victim to hospital.

The victim was admitted for 7 days in the hospital and the following injuries are noted in his medical report: a 2cm clean cut on the chin, a penetrating wound of the left eye resulting from a piece of glass that had gone through the eye tearing the cornea and cover of the eye ball. The victim was required to undergo surgery to try and repair his eye. The victim impact report indicates that the torn left eye ball is likely to become a permanent injury so that the victim faces the real possibility of becoming permanently blind in his left eye. He will become what we know as a “mataivi.” A condition which will over time also affect his vision in the other eye. This debilitating injury was brought about by the defendants actions.

I accept the defendant may have not intended this consequence but this is what can happen when people throw bottles at other peoples faces. The defendant must now be held accountable for the damage he has caused.

The maximum penalty according to the law for the offence of grievous bodily harm is 10 years in prison. There is no question the seriousness of the offending and your use of a weapon to cause possibly a permanent eye injury means an imprisonment penalty must be imposed. I agree with the prosecution submission a 4 year start point for sentence is appropriate for your matter.

But you are entitled to certain deductions Alexander which I will not make on your behalf. For your guilty plea one-quarter of sentence deduction that is a period of one (1) year, leaves a balance of 3 years.

You have a good pre-sentence report that is supported by references from your faifeau and from your pulenuu. You have a clean criminal record this is your first offence. For those matters I deduct 6 months, leaves a balance of 2½ years.

The documents before the court Alexander confirm an apology has been made by you and accepted by the complainant. And that the complainant and his family have forgiven you for what you did. For that matter I deduct 6 months from the balance of your sentence, leaves 2 years in prison.

There are no other deductions Alexander that can be made to your sentence. On the charge of grievous bodily harm convicted and sentenced to 2 years in prison.

On the other charge of theft the police summary of facts states that on 13 February 2015 the defendant uplifted an I-phone 4 belonging to the complainant an 18 year old male of Fasitoo-uta attending the National University (NUS). But I see from the police summary of facts that eventually the I-phone was returned to the complainant and you admitted to taking it. You have also apologized to the complainant, that is confirmed by a letter from him to the court.

Considering all those factors and taking into account Junior your guilty plea to that charge in particular your apology to the complainants mother as confirmed in the victim impact report. On the charge of theft you will be convicted and discharged without further penalty. Which means Alexander your only term of imprisonment is 2 years for the grievous bodily harm.

JUSTICE NELSON