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State v Hanambo [2009] PGDC 28; DC884 (11 May 2009)

DC884

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE
SITTING IN ITS GRADE FIVE CRIMINAL JURISDICTION]

GFCr 03 of 2009

BETWEEN:

THE STATE
Informant

AND:

PAUL HANAMBO
Defendant

Goroka: G. Madu, PM
2009: May 11

CRIMINAL LAW- Particular offence – Unlawful wounding – Plea – guilty – sentence – Criminal Code s. 327 (1) CCA.

CRIMINAL LAW – sentencing – consideration – use of offensive weapon-, inflicting of multiple cuts - first time offender – no expression of remorse- custodial sentence appropriate – deducted time spent in custody.

Cases Cited:

The State –v- Manga Kinjip [1976] PNGLR 86
Public Prosecutor –v- Terrance Kaveku [1977] PNGLR 110
The State –v- Kamo Bawai, Soga Gusi and Aputi Omo. N304 (unreported)

References:

S. 322 (1) (a) of the Criminal Code Act.

Counsel:

For the Prosecution – Senior Sergeant Mark Yamuje, Goroka Police Station
For the Defendant – In Person

5th May, 2009

JUDGEMENT ON SENTENCE

G. MADU, PM.: The accused pleaded guilty to unlawfully wounding the victim by causing multiple injuries to her body.

2. The facts to which the accused pleaded guilty are that:-

On 6th October 2008, at 11:30 am at Kofena village court area, the victim was one of the members of public who congregated at the village court hearing. She was sitting with another woman under a pawpaw tree eating beans. At that time too, the accused was standing near her.

3. The accused with out any reasons suddenly swung the bush knife at the victim and hit her on her face and again the second time he swung the same bush knife and cut the victim on her left hand.

4. The victim than cried out in pain and started to run for her life and the accused again for the third time swung the bush knife and cut her on her back.

5. As a result of the accused inflicting multiple injuries to the victim’s body she fell to the ground unconscious, and was taken to the Goroka Base Hospital for medical treatment.

6. The matter was investigated by the police and revealed that the accused without any reason used the bush knife with force by swinging at the victim and inflicted three knife wounds to her face, left hand and back and resulting in heavy bleeding causing her to fall unconscious to the ground. He was then arrested and charged on 12th November 2008.

7. The medical report stated that victim was presented at Accident and Emergency Unit and was in pain and distress and bleeding heavily on 6th October 2008. She was alleged to have been chopped with a bush knife across her face involving her nasal bridge nasal septum and cartilage and right and left masseles muscles.

10. On examination she was full conscious, OTTP, vital signs were stable signs but in pain and distress. The facial wound was bleeding heavily, 20 cm in length, 5 cm wide and 6 cm deep. It was swollen, tender and there were loss of function. The facial x – ray showed no facial bone fractures.

11. The Treatment Administered was:-

- The wound was sutured in layers under local anaesthetics on 9/10/08.

- Chroramphenncol .500 mg oral QID. For seven days.

- Panedol 1 g oral Q1D for five days

- Stitches to be removed after 10 days

12. The accused was charged under s. 322 (1) (a) of the Criminal Code Act. The provision states:-

“A person who unlawfully wounds another person....... is guilty of a misdemeanour”.

13. The accused admitted the facts when he was arraigned and said it is true because she made me angry by staring at me. I find that the accused had made his plea in plain, unambiguous and unmistakable term when His Honour O’Leary AJ said:- “It is well established that a judge should only accept a plea of guilty to a charge if it is made in plain unambiguous and unmistakable term. If it is not, he should refuse to accept it and should direct that a plea of not guilty be entered and that the case be allowed to go to trial in the usual way”

14. I have perused the statements and the record of interview in the file tendered by the prosecutor. The contents in the file confirm the accused plea of guilty. I am satisfied that it is safe to accept the accused plea of guilty and find him guilty as charged.

Sentencing:

15. The accused is a first time offender. He admitted the charge saying the victim made him angry because she looked up and down on him which could mean that she was staring at him. The accused did not accept the behaviour of the victim and acted in such aggressive manner. However the honourable thing he could have done was to politely ask the victim why was she staring at him. The accused action of swinging the knife at the female victim is uncalled for and not acceptable. Females are weaker partners than males and need their protection and respect. The accused had no reasons to act in such manner.

16. The facts show that the accused was not regretful for what he did as he was fixed in his mind to cause serious harm to the victim. His action was serious and unlawful because he used the bush knife which is an offensive weapon with force and inflicted serious multiple injuries on the victim.

17. The penalty of unlawful wounding under s. 322 (1) of the Criminal Code Act is a term of imprisonment from three (3) years. In Public prosecutor –v- Terrance Kaveku [1977] PNGLR, 110, the accused was sentenced to 15 months imprisonment for unlawful wounding the victim with intention to cause grievous bodily harm. On appeal against inadequacy sentence the Supreme Court imposed a sentence of three years imprisonment. The accused used a three feet bush knife and inflicted three cuts on the victim.

18. In The State –v- Kamo Bowai, Soga Gusi and Aputi Omo N304 (unreported) the accused Soga Gusi was sentenced to two years imprisonment for stabbing the victim on her leg with a knife when the accused tried to kiss her and the victim bit his tongue. The two above cases do reflect aggravating facts thus the custodial sentence imposed is high.

19. In the present case, I consider that aggravating factors are present and serious. The accused inflicted three cuts on the victim’s body by using a bush knife. The accused did not show any remorse for what he did and it is clear that he had the intention to injure the victim. Under the circumstances a custodial sentence is appropriate.

20. I sentence the accused to three years in hard labour. The accused was remanded in custody for 6 months 16 days from 19th November 2008. He is to serve the remainder of 2 years 5 months 4 days at Bihute Correctional Institution.

___________________

Counsel:
For the State: Senior Sergeant Mark Yamuje
For the Defendant: In Person