Asking in a drunken state to hangout with another man’s wife is not a good idea.
In the case of Michael Avia, 23, of Samusu, Aleipata, it landed him with a six months supervision sentence. He has also been ordered to perform 20 hours of community service.
The sentencing for the mechanic was handed down by Chief Justice Patu Ti’ava’asue Falefatu Sapolu.
Avia had pleaded guilty to causing actual bodily harm with intent in relation to an incident on 27 December 2015.
According to the summary of facts, the accused had been drinking and was heavily intoxicated.
Around 1:30am, the accused approached the 22-year-old victim who was with his wife in front of the victim’s shop.
He said to the victim “aumai lou toalua ma te talanoa ma ma eva”.
The victim told the accused to go home to sleep as he was drunk.
According to the accused, a fight then ensued between the victim and himself. As a result, the victim sustained a laceration on his head.
The accused pleaded guilty to the charge.
He was referred to the Alcohol and Drugs Court (A.D.C.) clinician for an assessment as his offending involved the consumption of alcohol.
The A.D.C clinician recommended a further assessment and a possible consideration for alcohol and drug determination by the A.D.C.
Following this second assessment, it was found that the accused did not meet the D.S.M-5 criteria for substance dependence but presents more as a binge drinker. It was therefore decided to refer the accused to the six week Toe Afua Se Taeao Fou programme conducted by the probation service.
A report from the case manager/programme facilitator of the A.D.C. confirms that the accused has successfully completed the Toe Afua Se Taeao Fou programme and has been issued with a certificate of due completion.
“The accused’s older sister told the probation service that the accused is a dependable and hardworking member of their family,” the ruling reads.
“The written testimonial from the pastor of the accused’s church show the accused as a regular churchgoer and an honest and dependable member of their congregation.
“This matter has been settled between the family of the accused and the family of the victim and the victim’s family has requested the probation service for this matter to be withdrawn.
“Having regard to the nature of this offending, the previous good character of the accused prior to the commission of this offence, the fact that he has successfully completed the 6 week Toe Afua Se Taeao Fou programme, the age of the accused, and the fact that this matter has been settled between the family of the accused and the family of the victim, I have decided to impose a non-custodial sentence.
“But it should be a sentence that will continue the rehabilitation process for the accused.”