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Prisoner on Parole sent back to prison after reoffending

By Lagi Keresoma

APIA, SAMOA – 21 OCTOBER 2022:  The Supreme Court has sent 42 year old Mamoe Malaesala of Toamua-uta back to Tanumalala prison to serve out the remaining four years of his 15 year sentence for murder.

Mamoe was released on parole in 2013 after serving 11 years of a 15 year sentence for murder. But on 3 April 2021, he was involved in an incident that has again landed him in prison to serve the remaining years of his original sentence.

Background to the new offence
Mamoe was at home at Toamua when young village men threw rocks at his house. Mamoe’s family retaliated by throwing rocks back at the men.

Mamoe then came out of the house and one of the men approached him and according to the police summary of facts, Mamoe armed with a sharp object, struck the young man twice on the head.

As a result of the assault, the victim sustained laceration on his head and face.

Mamoe was later arrested and charged with one count of causing serious bodily harm and one count of being armed with a dangerous weapon.

He originally pleaded not guilty to the charges and on the day of the hearing on 7 September 2022, he changed to a guilty plea.

Cumulative vs concurrent sentence
Prosecutor Fuifui Ioane asked for a cumulative sentence, which means the defendant would have to serve the remaining 4 years of the 15 year sentence first and then serve the sentence for the new offence after.

Defense counsel Unasa Iuni Sapolu argued for the sentences to be served concurrently.

The Court’s starting point for sentence was 3 years, then deducted 6 months for community service, 3 months for being genuinely remorse and 7 months for the guilty plea.

Mamoe was sentenced to 1 year and 8 months on the charge of causing serious bodily harm and 6 months for being armed with a dangerous weapon.

Both sentences to be served concurrently.