Man jailed for multiple stabbing using small knife [1]
Wednesday, February 1, 2023 - 21:51
Maamaloa Fangupo (28) was sentenced to two-years six-months imprisonment for serious causing bodily harm to another 28-year-old man, when he stabbed him multiple times, during a drink up in Ha’ateiho in 2022.
Hon Justice P. Tupou KC sentenced him on 25 January at the Supreme Court in Nuku’alofa. He pleaded guilty in November 2022.
The offending was on 3 June 2022 at around 9:00pm, when the complainant Koli Mafile'o Valu, and others including Henele Tausala and Ryan Tualau were drinking alcohol at Henele's residence at Ha'ateiho. They were in his living room. The defendant joined them about an hour later.
The judge said as the night progressed and the defendant became intoxicated, he also became loud.
The complainant challenged the defendant to a fight, during which the complainant punched the defendant's jaw. The defendant then walked to the kitchen and returned to the other men in the living room. Unknown to the others, he had obtained a small knife with a yellow handle from the kitchen and had it with him on his return.
Without knowing the defendant was armed with a knife, the complainant motioned as if to strike the defendant twice.
On the third motion, the defendant attacked the complainant. The complainant clung onto the defendant's chest while the defendant delivered with his right hand what was then believed to be hammer fist strike to the complainant's back.
When they parted, the complainant's back was bleeding profusely from multiple lacerations. It was then discovered that the defendant had attacked the complainant with the small knife with the yellow handle he had earlier obtained from the kitchen after the first altercation. Henele identified the knife was from his kitchen.
The defendant left the residence as the complainant was rushed to Vaiola Hospital.
The judge said, the complainant sustained six stab wounds to his back. The lacerations were approximately 1.5 to 2.5 cm in length, and 0.2 to 0.5 cm in depth. Fortunately, the wounds were not deep enough to injure any vital organs.
Premeditated attack
Meanwhile, the defendant has previous convictions. The Crown submitted aggravating factors included him using a dangerous weapon and stabbing the complainant six times, among others.
"Having regard to the maximum penalty, the seriousness of the offence, the use of a knife as a weapon, the comparable sentences, the premeditated nature of the offence shown by the defendant walking away from the scene to obtain the material knife, the defendant's refusal to offer assistance to the victim after his offending, the principles of denunciation, deterrence and the Crown's indicative sentence submission of a starting point range of 3 years to 3 years and 6 months imprisonment, I adopt a starting point of 3 years and 6 months imprisonment,” said the judge.
“I have considered the defendant's early guilty plea as him taking responsibility for his actions, his lack of relevant convictions as well as the provocation involved in his offending and deduct 12-months in mitigation."
The defendant was then sentenced to two-years and six-months imprisonment, with the final 12-months suspended for two-years on conditions.