Malie man jailed for machete attack

By Sialai Sarafina Sanerivi • 14 January 2024, 4:58PM

A 28-year-old man from Malie, Iosua Muta was sentenced to three years in jail by the Supreme Court for striking another villager with a machete during an alcohol-filled altercation.

The ruling was delivered by Supreme Court Judge, Justice Niava Mata Tuatagaloa last month.

Muta was convicted on two charges.

He was found guilty of causing grievous bodily harm, an offence with a maximum sentence of 10 years imprisonment and for being armed with a machete, categorised as a dangerous weapon, which carries a maximum penalty of 12 months in jail.

The severity of these charges reflects the court's recognition of the harm caused by the attack and the potential danger posed by the use of a weapon during the incident.

According to the summary of facts, the incident happened on 30 July 2022 after a drinking session involving the defendant, the victim, and another friend escalated into a physical altercation.

After an initial confrontation during a bathroom break, where the defendant deliberately bumped into the victim and exchanged heated words, a fistfight ensued but was broken up by one of the victim's friends.

The defendant then walked away towards the main road.

Later, at a shop on the main road, the victim sat on the verandah while his friend stood on the road. The defendant returned, initially challenging both the victim and his friend to another fight. However, the victim's friend managed to calm him down, advising the defendant to go to sleep due to his intoxicated state.

However, the situation took a dangerous turn when the defendant returned with a machete.

Taina (the victim's friend), noticing the threat, warned the victim as the defendant approached from behind.

Despite the warning, the victim was unable to escape in time, resulting in the defendant slashing him on the right shoulder. The violence did not cease there; the defendant pursued the victim around a parked vehicle near the shop, escalating the confrontation further.

The victim suffered a wound measuring 10-12cm in length and 3-5cm in depth, necessitating 11 stitches. Dr. Pa’i Enosa, the attending physician, characterised the injury as ranging from moderate to severe. Dr. Enosa emphasised that if the wound had been deeper, it could have been fatal for the victim.

According to the Victim Impact Report (VIR), the victim was hospitalised for two days before requesting to be discharged.

In their submission, the prosecution directed the attention of the court to precedent cases involving the use of machetes or knives, especially in situations where alcohol is a contributing factor.

Within this context, the prosecution highlights specific aggravating factors related to the offense such as the severity of the injury, use of a weapon, the impact of the offence, and pre-meditation, pointing out any evidence or indications that the offence was planned or considered in advance, suggesting a higher degree of culpability.

They also recommended five years as the starting point for the sentencing.

On the contrary, the defense counsel advocated for a non-custodial sentence, underscoring several mitigating factors in support of the defendant's apology, highlighting the defendant's expression of regret for his actions, genuine remorse, personal circumstances, generally good character, pointing to positive character traits supported by written testimonials from the defendant's mother, village chief (pulenuu), and employer and his compliance with bail conditions.

Justice Tuatagaloa sent the defendant to jail for three years.

"In the circumstances of this offence, I find appropriate the starting point of four years and deduct 12 months for the mitigating factors.

"The defendant is convicted and sentenced as follows, grievous bodily harm – three years imprisonment and armed with a machete – convicted and discharged.

"The end sentence to be served less any time in custody in relation to this matter."