Armed robber, Samuela 'Alatini, who shot a woman in the leg in a 2008 robbery, was successful in his appeal, when his 18-years imprisonment sentence quashed and replaced with 12-years nine-months.

The Court of Appeal in a judgment on March 26 imposed the new sentence to be counted from the date when 'Alatini was put into custody.

A Supreme Court judge in the initial sentencing had adopted a starting point of 15-years as the lead sentence for the most serious offending, armed robbery in which the prisoner and other offenders took part in.

However, the Court of Appeal found it was too high. “After reviewing relevant sentencing decisions since 1999, this court came to the view that 15-years was much too high."

The Appeal Court concluded that a starting point of 10-years was appropriate having regard the aggravating features, that included the level of premeditation, evident by the elaborate preparations made and the use of disguises, the targeting of vulnerable victims, the deployment of firearms and the actual violence inflicted.

This starting point was then reduced to reflect his guilty plea, although it was not given at the earliest opportunity. A sentence then of nine-years and nine months was imposed, added to a three-year suspended sentence which was activated, making it 12-years nine-months.

2008 robbery

In 2008, the prisoner had pleaded guilty to robbery, armed robbery and conspiracy to commit armed robbery, causing grievous bodily harm and various firearm charges.

He was sentenced to 15-years imprisonment and a suspended sentence of three-years was activated, which had required him to serve a total of 18-years imprisonment.

The first robbery took place on March 20, 2008, when the prisoner and another associate followed a victim’s vehicle until it stopped at a shop. Disguised, he threw the victim out and got into the driver’s seat and they drove off with a bag containing $6,000 cash, $1,000 pa’anga value of recharge cards and a digital camera valued at $400.

On May 26 in the same year, the prisoner and three others committed armed robbery outside Westpac Bank at Kolofo’ou. They were disguised and each carried a shotgun.

The prisoner had shot one person on the leg before they fled with $3,000 cash and mobile phone worth $375, and they divided the proceeds between themselves.

They all admitted the offending when interviewed and had pleaded guilty.