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Police v Seumalo [2016] WSSC 19 (2 February 2016)

IN THE SUPREME COURT OF SAMOA
Police v Lin SEUMALO [2016] WSSC 19

THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

AND:

LIN SEUMALO, male of Vaivase-tai
Defendant

Counsel:
Ms Ioane for the Prosecution
Defendant in Person

Date: 02 February 2016

SENTENCE OF JUSTICE TUATAGALOA

The charges:

1. The accused is appearing for sentence on three (3) charges that he pleaded guilty to. These charges are:
   1. Theft (s 161 and s 165(d) Crimes Act 2013): maximum of one year imprisonment;
   2. Actual bodily harm: maximum of seven years’ imprisonment;
   3. Armed with a dangerous weapon: maximum one year imprisonment.

The offending:

2. The accused confirmed the summary of facts as read out to him except for paragraph 7, which he said the victim was not standing but sitting on the footpath and I will accept that.
3. The summary of facts say that on 26 September 2015 at Vaivase-tai at around 9.00pm, the accused and two other men came across the victim and two (2) other men sitting on the footpath. The accused swore at one of the men sitting with the victim. The accused had a small baseball bat with him.
4. The summary of facts does not say where the accused went but later on the accused came back and found only the victim on the footpath and the accused struck the victim with a baseball bat on the left cheek. The accused again struck at the victim and hit him on the left shoulder.
5. The victim ran away and left behind a packet of cigarettes, a lighter and some tape which the accused took.

The accused:

6. The accused is a 22 year old male of Vaivase-tai. From the pre-sentence report, the accused was intoxicated and also has anger issues.

The victim:

7. The victim is 36 years’ old of the same village and works as a bus driver.
8. The injuries sustained by the victim were a swollen left cheek which caused swelling to his left eye and a swollen left shoulder.

Aggravating factors:

9. The following are aggravating factors of the offending:
   • Pre-meditation: the accused came back to where the victim was, found him alone and assaulted him with the baseball bat.
   • The use of a weapon or baseball bat on the victim. Also aggravating is that the accused did not strike at the victim once but twice.
   • The victim struck at the victim’s head or facial area which is a part of the body that is highly susceptible to serious injuries.
   • The victim was vulnerable when the accused struck at him, in that he was unarmed and taken by surprise.
   • The Injuries sustained by the victim of a swollen left cheek which caused swelling to his left eye and swollen left shoulder.

Mitigating factors:

10. The mitigating factors to the accused’s benefit are:
    • Apology: the accused apologised to the victim. The victim confirmed the apology and told probation that he has forgiven the accused. The victim also asked for the matter to be withdrawn. I am not going to do that because the circumstances and the impact of the accused offending. The accused needs to take responsibility and be accountable for his reckless behaviour.
    • Remorseful: I believe that the accused is truly remorseful for what he has done.
    • The cigarettes, lighter and tape that the, accused took were recovered.
    • First offender: I will not place too much weight on your previous good character given your age, that you are only 22 years’ old. I will however, consider that you are still relatively young as a mitigating factor.
    • Early guilty pleas to the offences.
11. I will take the actual bodily harm as the leading offence. I take a starting point of 18 months and deduct three months for the mitigating factor; which comes to 15 months and then 1/3 discount for early guilty pleas (5 months less) leaving 10 months.
12. In the circumstances of this offending I consider that the accused could still be held accountable for his behaviour with a non-custodial sentence of supervision and community work. It is more in the public interest to intervene at this stage of this accused young age with supervision and conditions to address his alcohol intake and anger issues, which would also address the risk of re-offending rather than a term of imprisonment.
13. For actual bodily harm, I convict and sentence you to 10 months’ supervision with the following conditions:
    5. 80 hours’ community service;
    6. Attend alcohol programme as directed by Probation in consultation with the Alcohol and Drug Clinician;
    7. Attend a anger management programme as directed by Probation;
    8. Not to re-offend.
14. Theft: convicted to three months’ supervision cumulative to the
    10 months supervision.
15. Armed with a dangerous weapon: I have taken the use of the baseball bat as an aggravating factor of actual bodily harm, as such, you are convicted and dismissed.
    

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Laulusā Justice Mata Tuatagaloa