Man sentenced to 12 years and six months for killing two men

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The man responsible for a double murder in Afega on New Year’s day in 2021 has been sentenced to 12 years and six months in jail. 

Sentencing, in this case, was handed down by Supreme Court Justice, Tafaoimalo Leilani Tuala-Warren. The two victims, in this case, were Elisara Fata and Utufua Voi. 

Fa’alavaau Vaotuua Auleoleo Neemia appeared for sentencing yesterday on two counts of manslaughter, he is 69 years old. 

The accused informed the court that Utufua swore at him, formed a roadblock with his friends to stop his car, approached him while holding a beer bottle and punched him. 

He was angry, walked over to the home of Utufua and saw Elisara running and shot him, then on his way home saw Utufua and shot him too. 

In this case, the accused says that there was provocation from the second deceased.  Justice Tuala-Warren pointed out that even if she accept there was some degree of provocation from Utufua in this case, the violent response by the defendant is overwhelmingly disproportionate to what Utufua did.

Her honours pointed out that this type of gun violence is unprecedented in Samoa and the culpability of the accused is significantly high. The slight provocation from the second deceased affects his culpability marginally. 

With the increase of firearms in Samoa, the accused and others must be deterred from committing the same or similar offences. This is a purpose of sentencing provided in section 5 Sentencing Act 2016, as is the protection of the community from the accused.

For this offence which was double manslaughter using a firearm, she considers a band of between 25-30 years imprisonment as appropriate.

Her honour deducted five years for his previous good character, his personal circumstances, the ifoga, the village penalty, and for his remorse.

Another two years were deducted for voluntarily turning himself in; the slight degree of provocation from Utufua; the time the defendant spent on bail and for his guilty plea at the earliest opportunity.

The accused is convicted of two counts of manslaughter and sentenced to 12 ½  years imprisonment.