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Police v Leilua and Purcell [2016] WSSC 99 (1 July 2016)

SUPREME COURT OF SAMOA
Police v Leilua and Purcell [2016] WSSC 99

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

LAALOI LEILUA and PAIPAI ALATINA PURCELL males of Malaela Aleipata
Defendants

Counsel:
L Sio for prosecution
Unrepresented

Sentence: 1 July 2016

S E N T E N C E

1. The defendant Laaloi is 20 years of age and defendant Paipai is 27. Both have pleaded guilty to the charge of causing grievous bodily harm which carries a maximum penalty of not more than 10 years imprisonment.
2. The victim in this matter is a 38 year old male of Vaipuna and was at the time employed at Aggie Greys Hotel.
3. This incident took place at Lotopue Aleipata on the 23^rd January 2016. The victim and his friends have been drinking after which the victim decided to visit a friend and was walking along the road when he met up with the two defendants. The defendants asked the victim for a cigarette which the victim ignored. The defendant Paipai then told the defendant Laaloi to punch the victim. Laaloi punched the victim. When the victim fell to the ground the defendant Paipai kicked him on the head and stomach. The victim managed to stand up and ran away but he was brought back to the same spot by a third party and the assault again took place. Paipai punched the victim on the mouth which caused the victim to fall on the ground.
4. The victim was taken to the hospital and was seen by a doctor. The victim suffered severe dental, mouth and facial injuries. He had difficulty closing his mouth due to extensive swelling of the face. His right eye was also swollen and one of the tooth was extracted. He was on liquid diet for 4 – 5 weeks after the assault.
5. This is an extremely serious offending by the two defendants for which the Court is entitled to consider a severe penalty. The attack was mainly to the facial area of the victim. It was a cowardly attack by two young men on a victim much older than them. The attack was not provoked. Injuries suffered were serious and were inflicted to the face. The victim suffered pain and he also suffered discomfort for a considerable time after the attack.
6. In cases of this nature a custodial sentence is normally considered.
7. The defendant Laaloi is 20 years of age and he is stated in the Probation report a promising young rugby player. Both defendants are first offenders and they have pleaded guilty at the earliest to the charge. Both have also apologised to the victim who has just petitioned the court seeking leniency for both defendants. With some hesitation I have decided not to impose a custodial sentence and fortunate for you as well the prosecution is not seeking a custodial sentence.
8. The sentence to be imposed however must reflect the seriousness of the offending. For this offence, both defendants are placed on Probation for a period of 18 months. The conditions of your Probation are as follows:
   • (1) You will do 50 hours of community work and attend any other programme as directed by the Probation Service.
   • (2) Each defendant will pay prosecution cost of $800 tala, through the Probation Service by monthly payments of $200 tala, first payment will be the 29^th July 2016.

JUSTICE VAAI