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Police v Mugamuga [2015] WSSC 40 (14 April 2015)

SUPREME COURT OF SAMOA
Police v Mugamuga [2015] WSSC 40

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

FILE NO: S793/15

BETWEEN

P O L I C E
Prosecution

A N D

FETOAI MUGAMUGA male of Avao, Savaii, and Vaitele-tai.
Accused

Counsel:
F Lagaaia for prosecution
Accused in person

Sentence: 14 April 2015

S E N T E N C E

1. The accused Fetoai Mugamuga appears for sentence on the charge of causing injury with intent, contrary to s.119 (1) of the Crimes Act 2013, which carries a maximum penalty of 7 years imprisonment. To the charge, he pleaded guilty at the earliest opportunity.
2. The prosecution’s summary of facts shows that on Wednesday night 4 February 2015 at around 8pm, the victim was selling fagu sea with her sister in front of the Farmer Joe supermarket at Vaitele. The accused who was on duty at the time as a security officer for the Farmer Joe supermarket chased the victim and her sister away from the company’s compound. This was because the Farmer Joe supermarket prohibits street vendors from selling their goods in the company’s compound. As the pre-sentence report shows, the accused told the probation service that it was somewhat difficult to make the victim go away.
3. According to the summary of facts, the victim then left to sell her fagu sea in front of a nearby petrol station while her sister went to sell her fagu sea in front of a nearby taxi stand. Some time later, the victim walked past a nearby restaurant in front of the Farmer Joe supermarket to look for her sister. When the accused saw the victim, he said to her, if I find you again here I will beat you up. This led to a verbal argument between the accused and the victim. The accused then struck the victim’s back with the broom he was holding. The prosecution’s summary of facts says that the accused also punched the victim on the mouth. This is denied by the accused who told the Court that he slapped the victim on the mouth instead of punching her. The accused said the same thing to the probation service as shown from the pre-sentence report. As the prosecution did not seek a disputed fact hearing, I will take what the accused told the Court that he slapped the victim on the mouth. This resulted in a bruise to the victim’s lower lip and bleeding from her lower lip.
4. The accused is 43 years old, single, and is employed as a security officer at the Farmer Joe supermarket at Vaitele. He is a first offender and the testimonials from his brother, the pulenuu of his village of Avao in Savaii, and his employer show that he had been a person of good character prior to the commission of this offence.
5. The accused, as already mentioned, has also pleaded guilty to the charge against him at the earliest opportunity.
6. The victim is 25 years old and there is no victim impact report on her.
7. In terms of the seriousness of this offending, it would appear that this offending is towards the lower end of the scale. The accused slapped the victim on the mouth only once. There was also an element of provocation from the victim. The injury to the victim also consisted of a bruise to her lower lip and some bleeding.
8. The accused is a first offender and had been a person of good character prior to the commission of this offence. He has also pleaded guilty at the earliest opportunity.
9. In all the circumstances, the accused is convicted and fined $150

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CHIEF JUSTICE