R v Simi HC Auckland CRI 2009-092-5011

[2010] NZHC 1208

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2009-092-5011

THE QUEEN

v

SAM SIMI

Hearing:         16 July 2010

Appearances: K J Glubb and J G Donkin for Crown

P Le'Au'Anae for Accused

Judgment:      16 July 2010

SENTENCE OF COOPER J

Solicitors:

Meredith Connell, Crown Solicitors, PO Box 2213, Upper Shortland Street, Auckland 1140

Copy to:

P Le’Au’Anae, PO Box 76616, Manukau City, Manukau 2241

R V SIMI HC AK CRI-2009-092-5011  16 July 2010

[1]      Mr Simi,  you appear today for sentence having pleaded guilty and been convicted of the crime of murdering Olo Fiti Lauvi.

[2]      There  is  a  summary  of  facts  with  which  you  have  agreed.    From  it,  I understand that on the evening of Friday 27 March 2009, you were at your home. You were playing pool with relatives and friends in the garage on the property.  At about 9 o’clock that evening Olo Fiti arrived.  He had a box of beer with him.  He became intoxicated.  There were some insulting remarks towards you and in front of your family he said things to which you took exception.   You became angry and upset and asked him to leave.  Two members of your family, Julie and Talavou Sale, drove Olo Fiti away in their car.  As they left you went inside the kitchen and took a knife from the cutlery drawer which you put in your pocket.  It was a blue handled meat knife, with a sharp 10 cm blade that was usually used for cutting meat and fish.

[3]      You drove off in search of the car in which Olo Fiti was being driven and you caught up with the car and followed it to an address on Preston Road, Otara.  The car that you were following stopped and Olo Fiti got out.  You also stopped, got out of your car and walked up to Olo Fiti on the driveway of the property.  Julie Sale spoke to you at that point and she told you to go home and get some sleep.  You walked up to Olo Fiti.  He spoke to you in Samoan.  It is said that he said to you, “come, come” in the Samoan language.  You say he grabbed you and you asked him to let go.  He had a beer bottle in his left hand at the time.   But you took the knife from your pocket and with your right hand you stabbed him in the middle of the chest inflicting a fatal injury to his heart.

[4]      You stabbed him six further times around his body, wounding his face, the side of his torso, his back and his left forearm.  He fell to the ground at which point you ran back to your car and left.  Olo Fiti died at the scene a short time later.  You were apprehended at Auckland Airport on the evening of Saturday 28 March, when you were on your way to board a plane to Samoa.

[5]      All of this you admitted when spoken to by detectives following your arrest. In explanation you said that you were angry with Olo Fiti because he was being

abusive and insulting in front of your family.  You also claim that he had yelled to you, “I’ll kill you if I find you” as he was leaving your property.

[6]      Olo  Fiti  leaves  behind  a grieving widow,  Leinati  Tuia,  bringing up  five children, the oldest of whom is eight.    In her victim impact statement she has movingly described how sad she and the whole family are as a result of Olo Fiti’s death.  They suffer the loss of a loved husband and father and, of course, there is an extended family which is also grieving.   And there have been victim statements provided by David and Penina Peni, niece and nephew of Olo Fiti who were present when these events occurred and have been badly affected by them.

[7]      This is the awful result of your violent act which can only be described as a gross over-reaction to any offence that Olo Fiti might have caused by his remarks and of course, your own family are suffering as well.

[8]      In the pre-sentence report I read that you have had a harmful habit of over- consumption of alcohol and marijuana use and that was so in the period leading up to this offending.  It appears that you may have been intoxicated on this occasion.  That would not excuse what you did, but it may go some way to explaining this senseless killing.

[9]      I also understand from the report and from what Mr Le’Au’Anae has said to me on your behalf, and from the letter that you wrote to me, and from the letter that I understand you wish to send to Olo Fiti’s family, that you are deeply remorseful for what you did, ashamed in fact of what you did.  Your guilty plea, although it was late in the day, confirms that you have now accepted responsibility for your actions on that night.

[10]     Mr Simi, under the Sentencing Act 2002, an offender who is convicted of murder must be sentenced to life imprisonment unless, having regard to the circumstances of the offence and the offender, a sentence of imprisonment for life would be manifestly unjust.  There is nothing in the circumstances of this offence or in your circumstances that would make a sentence of life imprisonment manifestly unjust and that is the sentence that I will impose.

[11]     The Crown has not sought a minimum term of imprisonment greater than ten years.  A slightly higher minimum term might have been justified here given the use of a knife and the inference that is available from the facts that when you went to the kitchen on your property and armed yourself with a knife, you intended to commit at least a very harmful assault when you caught up with Olo Fiti.

[12]     But I have to take into account the fact that you have never before been before  the  Courts  for  any  offending  whatsoever.    I  think  you  are  genuinely remorseful and sorry for what you did and you pleaded guilty after the Crown had opened its case at your trial.  In the circumstances I have decided that there should be a ten year minimum term.

[13]     So now, Mr Simi, having been convicted of the murder of Olo Fiti Lauvi, you are now sentenced to life imprisonment and you must serve a minimum period of ten years.  You may stand down.