Eleven months for assault

Written by Astrid Sesega
Thursday, 28 February 2008
A young man from Tanugamanono was convicted in the Supreme Court on Monday by Honorable Chief Justice Tiavasue Falefatu Sapolu for one count of willfully causing actual bodily harm. Tiavasue stated the maximum sentence for this crime is seven years however the twenty year old received a term of eleven months due to aggravating and mitigating factors involved in the case. This included the young man pleading guilty at the earliest possible opportunity. The accused punched another man in the jaw on the night of the 29^th of October 2007. Aggravating factors included the fact that the victim was taken by surprise during the attack which was unprovoked. The accused then left the victim unconscious on the ground where he awoke and sought help from another individual where he was taken to the Apia Police Station and further taken to the Tupua Tamasese Meole Hospital to check his injuries. Injuries the victim received include a broken jaw which was fractured in two places and needed to be wired back together with stainless steel wires for around one month. The accused has also previously appeared in the District Court on a similar charge of Actual Bodily Harm, in that particular case he walked free from the courts with a conviction but was warned if he re offended in twelve months he would be sentenced to prison. The incident in question took place back in 2005. Mitigating factors that Tiavasue took into account in favor of the accused included the plea of guilty and the fact that the accused was remorseful. This was known because the victim had forgiven the accused after the accused and his mother had apologized and given the victim money. Tiavasue stated during sentencing that he had considered the relevant circumstances and believed that a custodial sentenced should be imposed. He therefore sentenced the twenty year old to eleven months in prison. Comments (0) Subscribe to this comment's feed Write comment Name Email Title Comment
Last Updated ( Thursday, 28 February 2008 )

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