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Police v Li'o [2014] WSSC 79 (10 December 2014)

IN THE SUPREME COURT OF SAMOA
Police v Li’o [2014] WSSC 79

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

FILE NOs: S3343/14, S339/14

BETWEEN

P O L I C E

Prosecution

A N D

MOLI LI’O male of Siumu.

Accused

Counsel: R Titi for prosecution
Accused in person

Sentence: 10 December 2014

S E N T E N C E

1. The accused Moli Li’o is a 35 year old male from Siumu. He appears for sentence on the charge of causing grievous bodily harm with intent to cause grievous bodily harm, contrary to s.118 (1) of the Crimes Act 2013, which carries a maximum penalty of 10 years imprisonment; on one charge of causing actual bodily harm with intent to cause actual bodily harm, contrary to s.119 (1) of the Act, which carries a maximum penalty of 7 years imprisonment; and one charge of being armed with a dangerous weapon, namely, a beer bottle, contrary to s.25 of the Police Offences Ordinance 1961, which carries a maximum penalty of one year imprisonment. To the charges the accused pleaded guilty at the earliest opportunity.
2. As it appears from the prosecution’s summary of facts confirmed by the victim, on 14 September 2014 at about 11:30pm, the victim who is a 20 year male was involved in the preparations by their congregation for the opening of their new church the following day. While the victim was carrying chairs from the hall to the new church, the accused called out to him “O le a le mea e ke fealuai ai ae le alu e la’u gofoa o le falesa” (Why are you walking around instead of carrying the chairs of the church). The victim replied saying “Malosi oe o a’u ia ou te loto vaivai” (You are strong, I am weak-hearted).
3. As the victim bent down to carry the chairs, he could feel someone’s presence next to him. He looked up and at that time the accused hit him on the left side of the head with a large beer bottle. The accused appeared drunk.
4. As a result of the assault, the victim was taken to the hospital for treatment. The medical report from the hospital shows the following injuries were found on the victim: (a) laceration on the upper lip, (b) laceration on the left side of the mouth, (c) swelling on the left side of the head, and (d) a fracture on the left side of the head. The hospital treated the victim’s injuries. He refused to be admitted and he returned home the same day.
5. As shown from the pre-sentence report, the accused has apologised to the victim and his apology was accepted. There has been reconciliation and the victim has forgiven the accused. The victim and the accused are also close friends and next door neighbours. The family of the victim has also written to the probation service pleading to have the charge against the accused withdrawn.
6. The accused is a first offender. The good testimonials from the accused’s father, the pastor of his church, and the pulenuu of his village all show the accused to have been a person of good character prior to the commission of these offences. The accused also apologised to the Court saying that he will not do this kind of thing again and this will be his first and last appearance before the Court on any offence.
7. Having considered all the circumstances, I have decided not to impose a custodial sentence but to give the accused a second chance to redeem himself and mend his ways. He is convicted of the charges against him and fined $250.
   

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CHIEF JUSTICE SAPOLU