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Romber v Trust Territory [1954] TTLawRp 27; 1 TTR 591 (10 August 1954)

APPELLATE DIVISION OF THE HIGH COURT

Criminal Appeal No.6

ROMBER
Appellant

v

TRUST TERRITORY OF THE PACIFIC ISLANDS
Appellee

August 10, 1954

Appeal from conviction of mayhem in violation of T.T.C., Sec. 382, in the Trial Division of the High Court, Marshall Islands District. In a Per Curiam opinion, the Appellate Division of the High Court held that question of whether injury constituted disfigurement, which is required element of crime of mayhem, was one of fact for trial judge to determine.

Affirmed with modification of sentence.

1. Mayhem-Generally

Question of whether injury to victim is noticeable enough to constitute permanent disfigurement within meaning of statute defining mayhem is question of fact which trial judge is in best position to determine. (T.T.C., Sec. 382)

2. Criminal Law-Sentence-Modification

Where appellate court feels sentence in criminal prosecution is severe, it may reduce sentence even though finding no error in proceedings of trial court.

Before FURBER, Chief Justice, SHRIVER, MANIBUSAN, Temporary Judges

OPINION OF THE COURT

PER CURIAM

This is an appeal from a conviction and sentence by the Trial Division of the High Court, sitting in the Marshall Islands District. The appellant was convicted of the lesser included offense of assault and battery upon a count alleging aggravated assault, and of mayhem under a count alleging mayhem by stabbing him in the head with a knife, fracturing the skull, thereby causing the victim to become permanently disfigured. The appellant was sentenced to six months imprisonment for the assault and battery and to eighteen months imprisonment for the mayhem, both sentences to run concurrently beginning October 16, 1953. The appeal is only from the conviction and sentence for mayhem.

The appellant has summarized the facts as follows:­

"On July 17, 1953 appellant Romber and one Kirain, both Trukese, engaged in an altercation at the Labor Camp located on Uliga Island, Majuro Atoll, Marshall Islands District. During the course of the altercation appellant Romber struck Kirain upon the head with a knife. Kirain fell to the ground with a fractured skull. Shortly thereafter Kirain was taken to the District Hospital and appellant Romber was arrested."