Offender with previous good character gets another chance [1]
Wednesday, September 22, 2021 - 18:11
Latu Mata’u (43) was sentenced to 34-months imprisonment for serious causing bodily harm to a 21-year-old, whom he injured with a metal pipe at Veitongo.
Hon. Mr Justice Cooper fully suspended the sentence at the Supreme Court on September 16. The accused had earlier pleaded guilty.
The Prosecution's case was that on April 15 this year, the defendant was drinking at home with friends, including Viliami Hafoka, when around 1:00am an argument developed.
The defendant accused Hafoka of having taken his mobile phone.
The defendant then took a metal pipe and struck at Hafoka. First he struck towards the victim's head but it was not an accurate strike and lacerated his ear at Veitongo. He then tried again and Hafoka blocked the strike to his head by using his arms to shield him.
In shielding himself, Hafoka ended up with having both his arms broken. At Vaiola Hospital, his ear was stitched and his arms were found to each have sustained bilateral fractures, which required him to wear casts on both.
The judge said this attack was at the very top end of the scale for an offence of serious causing bodily injury.
He sentenced Mata'u to 34-months imprisonment.
Exception course
However, the judge said probation reported that the defendant had been of good character and references spoke of his positive good character, as well as the role he has played in his community and church.
“This offence is entirely out of character. Since, he has made his peace with the victim and sought to offer him care and assistance during his time convalescing. Hafoka has had positive things to say about this and the character of the defendant in the victim impact report,” he said.
He also considered that Mata'u's mother is 75-years-old and suffered a stroke in August for which she was hospitalised. He is also her sole carer and works as a farmer to provide for her as well as himself.
The judge said a pre-sentence report also made a point that the defendant is of low risk of reoffending.
"When I consider the positive role he has played in his village and the lives of others and that he is the sole carer of his elderly mother, who depends upon him and has been of frail health. When I put all these factors together, I am driven to conclude that a wholly exception course can be taken in this case."
“Violence against anyone is to be deplored and this offence is so serious that a term of imprisonment is called for to mark this. But this term of imprisonment I shall suspend,” said the judge.
He then sentenced the defendant but suspended it for three-years on conditions that he is placed on probation, must not commit any offence punishable by imprisonment, carry out 100-hours community service and complete an alcohol awareness program.
“Any breach of this order will be reserved to myself,” he said.