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Police v TKE [2016] WSYC 2 (26 May 2016)

YOUTH COURT OF SAMOA
Police v TKE [2016] WSYC 2

IN THE YOUTH COURT OF SAMOA
HELD AT MULINUU

BETWEEN

POLICE
Informant

AND:

1. TKE, male of Vaiusu uta
YOUNG PERSON

2. AW, male of Tufulele
YOUNG PERSON

Representation:
Ms I. Atoa for National Prosecution Office
Young Persons Unrepresented

Sentence: 26^th May 2016

SENTENCE BY JUDGE ROMA

Charges

1. TKE and AW, you appear for sentence on the following individual charges:
   • (i) Armed with a dangerous weapon (s25, Police Offences Ordinance 1961) with a maximum penalty of 1 year;
   • (ii) Throwing stones (s26, Police Offences Ordinance 1961) with a maximum penalty of 1 year.
2. You also face 1 joint charge of being party to an attempt to cause grievous bodily harm under sections 39(1), 118(1) & 33, Crimes Act 2013. The maximum penalty is 5 years imprisonment.

Offending

3. From the prosecution summary, you went to Faleata College at around 9am on 22 March 2016. Some of the students of Faleata College then came to see you at the front gate. You then asked to see one student by the name of “Vena”.
4. As you were talking to the students of Faleata College, one of the persons who you went with, came out of a nearby bush, lit a bottle of petrol and threw it at one of the Faleata College student victims. The bottle exploded next to the victim.
5. The victim ran off but you then grabbed stones which you started throwing at the victim and his friend.
6. Some of the students of Faleata College who were close by saw what happened and chased you and your group away.
7. From the pre sentence report, you told the Probation Office that you were both at Chanel College, which you both attended, that morning. You escaped from school with 2 others to go to Faleata College to look for a student who is alleged to have beaten the younger brother of one member of your group.
8. From Chanel College at Moamoa, you went to Savalalo market, caught the Tulaele bus and crossed the river behind Faleata College to get there. Along this trip, one of the four of you took along petrol with him.

Victim

9. According to the Summary, the victim is a 17 year old male of Faleata and attending Faleata College.
10. However, looking at what happened, he was not the only victim. In my view, there were many others, being the Faleata College students who were near the area.

Young Accused Persons

TKE

11. You are 16 years of age. At the time of your offending, you were in Year 11 at Chanel College. You have since been expelled as a result of this incident.
12. Your parents operate a small business and you are dependent on them for support. They told the Probation Service that they rely on you to carry out the normal chores in the household. They think that your offending is a result of you being a showoff (“mitavale”).
13. The testimonial by your Catholic Church deacon Ropati Tuitea confirms your active participation in Church activities and suggests that peer pressure was involved.

AW

14. You are 16 years of age and were attending Year 12 level at Chanel College at the time of the offending. As a result of this matter, you have also been suspended from school. You told Probation that you now wish to seek employment.
15. The testimonial from your Church pastor confirms that you are part of its youth group.

Aggravating features of your offending

16. Firstly, there was planning and premeditation on your part. You escaped from school, caught 2 buses and crossed a river to get to Faleata College. Along the way, you and your group took petrol with you.
17. Secondly, your actions were unprovoked.
18. Thirdly, your offending involved the use of objects. It involved throwing of rocks and your group also had a petrol bomb. There was therefore a huge risk of injury and harm to the students of Faleata College, and also damage to property.
19. Fourthly, your offending occurred at a school during school hours and there was not just one but many victims.
20. Fifthly, the prevalence of this type of offending involving school students. It is no secret that brawls between schools are becoming far too common now, and this is just one such instance.
21. I also take into account the fact that no apology has been rendered by either of you or on your behalf to the school or students involved.

Mitigating features of your offending

22. I take into account that there is nothing before me to confirm that anyone was injured as a result of your offending.

Aggravating factors relating to you as offenders

23. There are no aggravating factors relating to you as offenders.

Mitigating factors relating to you as offenders

24. I take into account your guilty pleas to all charges which were entered at the earliest opportunity.
25. I also take into account your personal circumstances, your ages and the fact that you have since been expelled from school. You are both of previous good character.

Discussion

26. The prosecution seeks that you be convicted and placed under supervision for a period of 12 months on certain conditions.
27. Probation on the other hand, recommends a sentence under s15 of the Young Offenders Act 2007, where instead of entering convictions, the Court may order you to perform or undertake a term of community work or rehabilitative programme within 6 months.
28. I have considered the totality of your offending, the seriousness of the charges, your age and the public interest, and I am of the view that the interests of justice warrant your conviction.
29. I am also of the view that a custodial sentence is not appropriate. But I make it very clear that if you come back on similar charges, I will have little hesitation in sending you to prison.

Decision

30. For the foregoing reasons, you are both convicted and sentenced under section 16, Young Offenders Act 2007 to 12 months supervision with the following conditions:
    • (i) Complete 80 hours community work under the direction and supervision of Probation;
    • (ii) Attend any rehabilitative programme under the direction and supervision of Probation;
    • (iii) You are not to reoffend.

JUDGE FEPULEAI A ROMA