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Police v Avia [2017] WSSC 4 (8 February 2017)

SUPREME COURT OF SAMOA
Police v Avia [2017] WSSC 4

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN

P O L I C E
Prosecution

A N D

MICHAEL AVIA male of Samusu, Aleipata.
Accused

Counsel: V Afoa for prosecution
Accused in person

Sentence: 8 February 2017

S EN T E N C E

Introduction

1. The accused Michael Avia appears for sentence on a charge of causing actual bodily harm 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. When the accused pleaded guilty to the charge, he was referred to the Alcohol and Drugs Court (ADC) clinician for an assessment as his offending involved the consumption of alcohol. The ADC clinician recommended a further assessment and a possible consideration for alcohol and drugs determination by the ADC. Following this second assessment, it was found that the accused did not meet the DSM-5 criteria for substance dependence but presents more as a binge drinker. It was therefore decided to refer the accused to the 6 week Toe Afua Se Taeao Fou programme conducted by the probation service. This matter was then adjourned to Monday 6 February 2017 for a pre - sentence report and a summary of facts by the prosecution.
3. A report from the case manager/programme facilitator of the ADC confirms that the accused has successfully completed the Toe Afua Se Taeao Fou programme and has been issued with a certificate of due completion.

The offending

4. As shown from the prosecution’s summary of facts, on the night of 27 December 2015, the accused had been drinking and was heavily intoxicated. Around 1:30am, the accused approached the 22 years old victim who was with his wife in front of the victim’s shop and said to the victim “aumai lou toalua ma te talanoa ma ma eva”. The victim in reply told the accused to go home to sleep as he is drunk.
5. According to the accused, a fight then ensued between the victim and himself. As a result, the victim sustained a laceration on his head.

The accused

6. As the pre-sentence report shows, the accused is a 23 year old male of Samusu, Aleipata. He is single and is employed as a mechanic. He left school at Year 12.
7. The accused’s older sister told the probation service that the accused is a dependable and hardworking member of their family. The written testimonial from the pastor of the accused’s church show the accused as a regular churchgoer and an honest and dependable member of their congregation.
8. This matter has been settled between the family of the accused and the family of the victim and the victim’s family has requested the probation service for this matter to be withdrawn.

Discussion

9. Having regard to the nature of this offending, the previous good character of the accused prior to the commission of this offence, the fact that he has successfully completed the 6 week Toe Afua Se Taeao Fou programme, the age of the accused, and the fact that this matter has been settled between the family of the accused and the family of the victim, I have decided to impose a non-custodial sentence. But it should be a sentence that will continue the rehabilitation process for the accused.

Result

10. The accused is sentenced to 6 months supervision and also ordered to perform 20 hours of community service.

CHIEF JUSTICE