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

Police v Mikaele [2018] WSSC 103 (7 September 2018)

IN THE SUPREME COURT OF SAMOA
Police v Mikaele [2018] WSSC 103

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

AND:

VAIMAILAFETUAFE MIKAELE, male of Tanumapua & Vaitoloa
Accused

Counsel:
Q Sauaga for Prosecution
Accused self-represented

Sentence: 7 September 2018

SENTENCE

The Charges:

1. Vaimailafetuafe, you appear for sentence on one charge of causing grievous bodily harm with intent contrary to section 118(1) of the Crimes Act 2013.

The Offending:

2. According to the Summary of Facts accepted by you, on the 27th April this year at approximately 10.00pm, you were together with Pene Ofisa and the victim at Tapatapao. You were drinking together. You then had an altercation with the victim over a bottle of alcohol that the victim had in his possession.
3. As you were walking together with the victim, Pene struck the victim on the face with a large bottle of Taula. The victim fell to the ground and lost consciousness while you then started kicking the victim.
   
4. As a result of the incident, the victim sustained bruises to both eyes and he could not see, three lacerations to the scalp and he lost two teeth.

The Accused:

5. Vaimailafetuafe, you are 37 years old. According to your Pre-Sentence Report, you grew up with your father’s family at Vaitoloa. You first attended school at Vailoa and then went on to Pesega College. You did not complete High School because of financial reasons and worked in various jobs in lawn mowing. You are currently a Supervisor for the Road Runner Services Mowing. Your employer describes you as loyal and reliable. The Bishop of your Church Ward describes you as diligent and hardworking who ‘sometimes attends church’..
6. You have had a number of dealings with the Court. These include:
7. You have successfully completed the Toe Afua Se Taeao Fou program.

The Victim:

8. The victim is a 27 year old male of Tapatapao and Faleasiu. There is otherwise no information about the victim and a Victim Impact Report was not furnished as ordered by the Court.

Aggravating features:

9. The aggravating features of your matter are:
   • The vulnerability of the victim, you kicking the victim as he was on the ground; and
   • The injuries sustained by the victim; and
   • You committed your offending whilst under supervision of the Court for other offending.
10. Aggravating features personal to you are your prior convictions for similar offending.

The mitigating features:

11. The mitigating factors personal to you is your remorse reflected in the Pre-Sentence Report, [the village penalty imposed], your completion of the Toe Afua Se Taeao Fou Program and your guilty plea.

Discussion:

12. Vaimailafetuafe, you appear for sentence on what is a very serious charge because it is assault with intent to cause grievous bodily harm causing grievous bodily harm. As a result of your offending, your victim suffered serious injury including the loss of two teeth and other injuries.
13. Prosecution seeks an imprisonment term with a start point of 18 months imprisonment. Probation assesses you as unsuitable to a community based sentence. Given your prior convictions and earlier efforts on rehabilitation and relapse to offending, I accept that a non-custodial sentence is inappropriate. The sentence however will take into account your completion of the Toe Afua Se Taeao Fou program and provide for access to rehabilitation programs on your release.
14. I have considered the authorities referred to by Prosecution, the seriousness of this offending, the injuries suffered by the victim and bearing in mind the authorities including Tele'a v National Prosecution Office [2017] WSCA 4 (31 March 2017), I accept the submission by Prosecution on start point for sentence.
15. Accordingly, I adopt 18 months start point for sentence. I uplift that sentence by 3 months for your prior convictions. From that, I will deduct 3 months for your completion of the Toe Afua Se Taeao Fou Program and 3 months for your remorse. From the balance, I deduct 4 months for your early guilty plea.

The penalty:

16. Accordingly, you are convicted and sentenced to:
    • (i) To11 months imprisonment less time remanded in custody; and
    • (ii) on your release from prison, you are to be under the supervision of the Probation Service for 6 months and to attend any programs as directed by the Probation Service.

JUSTICE CLARKE