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Police v Ropeti [2020] WSSC 4 (21 January 2020)

SUPREME COURT OF SAMOA
Police v Ropeti [2020] WSSC 4

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN

P O L I C E
Prosecution

A N D

LOLE ROPETI female of Siusega.
Accused

Counsel:
F Ioane for Prosecution
Accused in person

Decision: 21 January 2020

O R A L S E N T E N C E

1. Lole, you appear for sentencing on two charges involving burglary, and that of assault grievous bodily harm.

The Offending:

2. According to the prosecution summary of fact which you have accepted this afternoon, on the 8^th September last year around 2am in Fusi Safata, you were intoxicated and went into the victim’s house. The victim and her family were asleep, you entered the victim’s house without lawful authority and went into their room. The victim was asleep on a mattress with her child on the floor. The victim felt that someone was in the room and woke from her sleep. You then punched her as she was sitting up. She then screamed and then you punched her again on the face. As a result of your assault, the victim bled and suffered a laceration on her lower lip and a dislocated jaw.

The accused:

3. According to your presentence report, you were raised with your paternal family in Fusi Safata. You are the 8^th of nine children. You began your education at Safata Primary School. You proceeded to the Papalalaua College. You then attended the Australian Pacific Technical College (APTC) at Lotofagā Safata. In May of last year, you completed a Certificate in plumbing from APTC. After this, you were employed by Tara Ice for four months but then left your employment to care for your parents.

The victim:

4. The victim of your offending is a 34-year-old female of Fusi Safata. According to your presentence report, she is the wife of your maternal uncle. The photographs that have been shown to you and confirmed is that of your aunty, showing the victim’s bloody face. Your attack on the night of your offending could only have been quite terrifying.

Aggravating and mitigating factors offending:

5. The aggravating features of your offending are as follows:
   • (a) First, your offending involved actual violence;
   • Second, your offending involved the unlawful entry into the victim’s home where she slept;
   • (b) Third, your offending was within a domestic relationship the victim was a family member through marriage;
   • (c) Fourth, is that the punches to the victim were to her face; and
   • (d) Fifth, is the vulnerability of the victim at the time of the attack.

In terms of the mitigating features of your offending, there are none.

Aggravating and mitigating factors personal:

7. There are no aggravating factors personal to you as offender you are a first offender.
8. In terms of the mitigating factors personal to you I take into account the following:
   • (a) First, is your remorse as shown in the probation’s presentence report and in what you have told me today;
   • (b) Second, your prior good character;
   • (c) Third, is your early guilty plea;
   • (d) Fourth, is your reconciliation with your aunty, the victim of your offending;
   • (e) Fifth, is the village penalty imposed, and
   • (f) Sixth, importantly, your completion of Salvation Army Alcohol Programme.
9. Lole, your assault on your aunty in the early morning of the 8^th September 2019 was a cowardly attack on her. As a result of your attack, she suffered a dislocated jaw and a bloody face as shown in the photographs attached to the prosecution’s sentencing memorandum. As you should know, domestic violence being violence between family members is condemned by the Court and dealt with sternly because of its prevalence in the community. In your case, you carried out a cowardly attack on a woman who had just been sleeping with her child. This woman was your aunty. Prosecution has recommended a non-custodial sentence and refers to authorities dealing with assault, grievous bodily harm and burglary, with the offending in those cases did not involve both a burglary and a grievous bodily harm charges being sentenced together.
10. I must say that given the domestic relationship, the injuries suffered and that your offending involved an assault coupled with a burglary, it is a border line case in which an imprisonment term might be imposed to deter you and others from this type of attack in a person’s home. It is a border line case in which an imprisonment term might be imposed. I have however considered the prosecution’s submission carefully, the reconciliation that has occurred, your remorse and guilty plea, and in particular your completion of the Salvation Army Programme and today, I impose a non-custodial sentence. I accept the prosecution’s submissions. I have also taken into account what you have told me that your experience with the Salvation Army Program, and the lessons that you have learnt. You are to be congratulated for completing the Salvation Army Programme. Use those skills when you leave the Court room so you do not come back here again. So make the most of this opportunity because if you should reoffend, you may not be given a second chance.
11. You also have qualifications from the Australia Pacific Technical College for plumbing. You have a skill that is in high demand in the community, as most people will know finding a good plumber is not easy. That skill will earn you a livelihood and it is entirely wasted by you staying home. So for your family members that are here in the court room, please encourage the defendant to go back to work and use the skills that he has been qualified with. Many young people who stay at home just end up before the Courts. Lole, go and find work and use your plumbing skills and stay out of trouble.

Result

12. On the two charges before the Court you are convicted and sentenced to 12 months supervision, ordered to carry out 120 hours community service of the Samoa Victim Support Group and if not suitable for the Samoa Victim Support Group, as otherwise directed by the Probation Service. That is to be served concurrently. You are also ordered to pay court costs of $100 within 7 days.

JUSTICE CLARKE