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escalating violence in our community
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Common assault and assault with a weapon of two Police officers in Te Atatu South, West Auckland in July 2002
Also another weapons charge
Numerous previous convictions for which he had served time, including violence and assault on Police
.
none known
Born
At large
Sentenced to 4 years 5 months in June 2003
Reduced to 3 years on appeal in September 2003
Background
Court of Appeal case here (PDF)
From the Dominion Post 30 Sept, 2003
Use of pepper spray to subdue violent offenders needs reviewing, the Court of Appeal says after two cases in which it was turned on police. Faleata Tuiletufuga was convicted of aggravated assault, assault with a weapon and endangering property by discharging an airgun. He was jailed for four years and five months. His co-offender was jailed for four years on similar charges.
Both men had been seen discharging an airgun when they were spoken to by police. During the arrest, Tuiletufuga threw a heater at one officer and his co- offender took the second officer's spray and turned it on the police. In the second case, Croatian man Odisej Arambasic had refused to leave the Croatian embassy in Henderson, west Auckland, and had to be removed by police. During the violent struggle he grabbed a can of pepper spray from one of the constables and used it on him. Tuiletufuga appealed against his conviction and sentence. The court dismissed his appeal against conviction but reduced his sentence to three years. Arambasic's appeal against conviction was dismissed.
Justice Salmon, delivering the judgment of the court for Arambasic, noted that the two cases, heard on separate days, bore striking similarities. In both cases police were called for minor offences. Their use of pepper spray enraged the offenders and violence escalated. Justice Salmon said the court did not know if police were monitoring the circumstances and frequency of use of pepper spray but it would be desirable. Police spokeswoman Sarah Martin said every time pepper spray was used a report was filled out and collected for statistical purposes as well as an ongoing review.