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State v Rumints [2012] PGNC 275; N4900 (21 November 2012)

N4900

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR No.562 of 2010

BETWEEN:

THE STATE

AND:

MAGGIE RUMINTS
Prisoner

Mt. Hagen: David, J
2012: 12 September, 17 October & 21 November

CRIMINAL LAW – sentencing – prisoner appearing from bail - unlawful doing grievous bodily harm – victim hit on the head with iron rod – vicious attack causing fracture of anterior frontal scalp – sentence following guilty plea – prisoner sole assailant – single blow to head – no prior convictions - prisoner committing offence because she regarded victim as having an affair with her husband and she caused marriage break-up – prisoner and victim actually are co-wives – lack of sophistication no excuse when prisoner, an adult woman has either previously lived in Mt. Hagen or lives near the city - prisoner assaulted victim on several occasions prior to current incident – victim suffering from post-cerebral concussion syndrome – prognosis is that victim will suffer from that condition for the rest of her life -prevalence of offence - 4 years imprisonment in hard labour – period in custody deducted – remaining term suspended in its entirety on terms including payment of a fine and compensation - Criminal Code, Section 319.

Cases cited:

Public Prosecutor v Tom Ake [1978] PNGLR 469
Goli Golu v The State [1979] PNGLR 653
Public Prosecutor v Thomas Vola [1981] PNGLR 412
Avia Aihi v The State (No 3) [1982] PNGLR 92
Public Prosecutor v William Bruce Tardrew [1986] PNGLR 91
The State v Frank Kagai [1987] PNGLR 320
Gimble v The State (1988-89) PNGLR 271
Lawrence Simbe v The State [1994] PNGLR 38
Public Prosecutor v Don Hale (1998) SC564
The State v Amos Kiap (2003) N2452
The State v Anton Vail (2003) N2473
The State v Yale Sambrai (2005) N2886
The State v Patrick Kimat (2005) N2947
Edmund Gima and Siune Arnold v The State (2003) SC730
Saperus Yalibakut v The State (2006) SC890
Richard Liri v The State (2007) SC883

Counsel

Joe Kesan and Joe Waine, for the State
Charles Kos, for the prisoner

SENTENCE

21 November, 2012

1. DAVID, J: This is the sentence of the Court on the prisoner, Maggie Rumints who was accused on indictment that on 6 October 2009 in Mt. Hagen city, she unlawfully did grievous bodily harm to one Molina Cecilia Buri contrary to Section 319 of the Criminal Code. The matter was initially fixed for trial for a duration of three days, but prior to the presentation of the relevant indictment to commence the trial, the Court was informed that the prisoner had decided not to contest the charge. On 12 September 2012, upon the prisoner being arraigned and pleading guilty, I convicted her as charged having been satisfied that the evidence contained in the depositions supported the charge.
   
2. In the victim's witness statement dated 16 November 2009 which is marked as E1 of the depositions, she gives an account of how she was attacked by the prisoner with an iron rod on the morning of 6 October 2009 between 07:30 and 07:45 am along the street near the Mt. Hagen Bowling Club while in the company of Julie Peter and the injury she sustained. Other details found in the statement will be raised later on in the judgment.
   
3. Julie Peter and Konts Mantila are eye witnesses to the incident: see the witness statements marked as E2 and E3 of the depositions. Ms. Peter was walking up the street with the victim in the direction of the Air Niugini Office past the Mt. Hagen Bowling Club when the latter was assaulted by the prisoner. Mr. Mantila was on the opposite side of the road near the Wamp Nga Haus when he saw the prisoner attacking the victim with an iron road. He ran over and disarmed the prisoner.
   
4. Sgt. Garumu Giwoso states in her witness statement dated 7 October 2009; that she was on duty at the Mt. Hagen Police Station when the prisoner and the victim were brought there after the incident; that she attended to the victim's complaint of being assaulted on the head by the prisoner with an iron rod; that the victim was bleeding from the head injury; and that the prisoner was arrested, charged and later released on K200.00 police bail.
   
5. Evelyn Kingal states in her witness statement dated 17 November 2009 which is marked as E5 of the depositions that the prisoner personally told her on 16 October 2009 between 2:30 to 3:00 pm at Daewon Trading in Mt. Hagen of the prisoner's desire to kill the victim and go to jail and that the victim be forewarned.
   
6. The record of interview conducted at the CID Office, Mt. Hagen Police Station on 25 February 2010 between Det. S/Constable Jeffery Negama and the prisoner and corroborated by Det. S/Constable Joe Puk marked as D1 (Tok Pisin version) and D2 (English translation) of the depositions has no probative value as it contains no admissions. The witness statements of the interviewer, S/Constable Jeffery Negama and corroborator, Det. S/Constable Joe Puk marked as E7 and E6 of the depositions state how the interview was conducted.
   
7. The prisoner appears before me for sentence from bail.
   
8. The prisoner was arraigned with these short facts. On 6 October 2009, between 7:30 am and 8:00 am, she was in Mt. Hagen city within the proximity of the Hagen Plaza and the Mt. Hagen Bowling Club. At around that time, the victim, Molina Cecilia Buri was walking past the Mt. Hagen Bowling Club when the prisoner who was armed with an iron rod went from behind her and hit her on the head. She fell down to the ground unconscious sustaining a very serious wound to the head. The medical report revealed that the victim suffered a fractured skull. At the time when the prisoner hit the victim in the manner she did, she acted contrary to Section 319 of the Code.
   
9. After administering the allocutus, the defence made application for the Court to direct the Probation Service, Mt. Hagen Branch to compile and file a pre-sentence report and means assessment report and that submissions on sentence be deferred pending the filing of those reports. I granted the application and directed that the reports be filed by Tuesday, 18 September 2012. For one reason or another, the reports were not completed within the time given and an extension was given for them to be completed and filed by 17 October 2012. The reports were filed within the extended period and I thank Ms. Theresa Puk, Probation Officer for her efforts. I have considered the reports.
   
10. I actually heard submissions on sentence on Wednesday, 17 October 2012 and reserved to pass sentence on the prisoner during this circuit which I now do.
    
11. The maximum penalty prescribed for this offence is, subject to Section 19 of the Code, imprisonment for a term not exceeding 7 years.
    
12. Applying the principle of proportionality, i.e., a man must be given the sentence appropriate to his crime (as to both harm done and culpability) and no more, the maximum penalty is usually reserved for the worst sort of cases for a particular offence: see Goli Golu v The State [1979] PNGLR 653 and Avia Aihi v The State (No 3) [1982] PNGLR 92.
    
13. It is also settled law that each case must be decided on its own facts: Lawrence Simbe v The State [1994] PNGLR 38.
    
14. As the prisoner has pleaded guilty, she must be given the benefit of any reasonable doubt on mitigating matters raised in the depositions, the allocutus or in submissions that are not contested by the prosecution: Saperus Yalibakut v The State (2006) SC890.
    
15. The medical report provided by one Dr. Smee Rank, Senior Clinician, Accident & Emergency Department of the Mt. Hagen General Hospital dated 6 October 2009 reports that the victim was brought to the Accident & Emergency Department of the Mt. Hagen General Hospital after the incident on 6 October 2009 and was seen by him and treated. Clinical findings were; the victim had a deep scalp laceration on the head; the victim was bleeding heavily and in pain; there was haematoma of the head; there was swelling of the left forehead; the victim had a painful left forearm; there were bruises to the victim's fingers; and there was haematoma of the left shoulder. An x-ray taken of the skull revealed a fracture of the anterior frontal scalp. The laceration was sutured with black silk. High doses of antibiotics and analgesics were administered. The learned doctor was of the opinion that a heavy object was used to inflict the injuries on the victim.
    
16. A further medical report provided by Dr. Rank dated 10 September 2012 following further examination of the victim which was not contested by the prisoner at the hearing of submissions on sentence gives details of post-recovery findings and symptoms found on the victim and they are; intermittent headaches; dizziness; blurry visual sight; unable to carry heavy weights on head; unable to work with computers for long periods; and sinusitis at times. He reports that the victim would continue to suffer post-traumatic symptoms for her lifetime.
    
17. The medical report provided by Dr. Kulunga dated 1 October 2012 which was also not contested by the prisoner at the hearing of submissions on sentence shows that the fractured skull has united now and it confirms Dr. Rank's findings and prognosis that the victim would be susceptible to post-cerebral concussion syndrome as a result of the assault for the long term.
    

18. The prisoner has no prior convictions.

19. On her allocutus, the prisoner made these remarks. The victim was having an affair with her husband and she caused her marriage of 15 years to break up. That resulted in the assault. Her husband neglected his family's welfare and was spending all his time and fortnightly income on the victim instead of on them and not residing with them as well. She was now living alone with their children in her village. On the morning of the incident, she fought with the victim. She later went to the store she operated near the Best Buy shop in the city. There was no water to use for cooking so she called her husband to bring their vehicle to help her fetch water elsewhere. Her husband did not respond so she decided to go to her brother's shop which was then located near the bakery on the other side of the city to ask for the use of his vehicle. As she was walking towards the Hagen Plaza, he saw her husband dropping off the victim with some of her friends and she was provoked by that. She then confronted the victim which developed into a fight. He saw a small iron rod on the ground, picked it up and used it to assault the victim. She did not use a knife or any other weapon. Both of them then walked to the police station after the fight. Her husband was at the Police Station as well. The victim was bleeding so the police told her to go to the hospital.

20. She said sorry and asked the Court for mercy. She also asked the Court to consider in her favour that she was a first offender and the welfare of the two children from the marriage one of whom was doing Grade 10 at Kitip High School in the Dei District of the Western Highlands Province and the other doing Grade 3 at the Tarangau Community School here in Mt. Hagen.

21. For purposes of compiling the pre-sentence report, Probation Officer, Ms. Puk interviewed the prisoner, the victim, Mr. John Pui, a leader from the prisoner's community and Pastor Ruri Mathew from the prisoner's Lutheran Church congregation. Medical reports from Dr. Rank dated 6 October 2009 and the one from Dr. Kulunga and a sworn affidavit from Mr. Matthew Nokkie dated 24 September 2012 were also considered. The use of Mr. Nokkie's affidavit was not contested at the hearing of submissions on sentence.

22. The pre-sentence report essentially reports as follows. The prisoner was well regarded and respected by members of her family, her village and the neighbouring villages prior to the commission of the offence. She is self-employed and currently operates a mini fast food shop at the back of the Best Buy shop in Mt. Hagen. The business generates daily income of between K190.00 and K500.00. The prisoner was therefore in a financially sound position to take care of herself and the children of the marriage and if required was capable of meeting any compensation order and or fine. The prisoner proposes to pay compensation of an amount not exceeding K1,000.00 within four weeks of sentence. The pre-sentence report recommends that the prisoner is suitable for probation.

23. The means assessment report confirms that the prisoner was in a financially sound position to meet any compensation order not exceeding K1,000.00. It also reports that if the prisoner is required to pay compensation in excess of K1,000.00 she may call upon her relatives for assistance.

24. According to the victim's undated statement, she got married by traditional custom to the prisoner's former husband, Mr. Matthew Nokkie in December 2003 after the prisoner left him in 2002 for another man, a primary school teacher and she moved in with Mr. Nokkie at his village at Kei, Hagen Central. The prisoner has two children from her previous relationship. However, the prisoner returned some time later and disharmony and disputes crept into her marriage resulting in several fights with the prisoner. The victim even obtained a preventive order from the local Village Court on 4 June 2008 to prevent the prisoner from continually harassing her. A copy of preventive order number 1958 is annexed to the victim's statement. According to the victim's witness statement dated 16 November 2009, the prisoner has assaulted the victim on three previous occasions prior to the incident giving rise to the current charge. The first two were in July and October 2008 when the prisoner assaulted the victim in front of the Bank of South Pacific in the city. The third assault occurred in front of the victim's office in the city in March 2009. The matter was brought before the Village Court which ordered the prisoner to pay compensation of K200.00 to the victim which the prisoner paid. She has been traumatized by the incident and fears for her life. She is unable to carry heavy loads due to her injury and has been experiencing dizziness and headaches since the incident. She requests that; the maximum punishment for the offence be imposed on the prisoner; the Court make a compensation order for the prisoner to pay damages for the injuries she has suffered; and that the prisoner, her servants or agents be restrained from going anywhere near her including her work place.

25. According to court documents filed in the Mt. Hagen District Court, copies of which are attached to the victim's undated statement, an application for the customary adoption of Sandra Nokkie, Amanda Nokkie and Matthew Young Nokkie was made by the victim in 2003. Sandra and Amanda are the biological children of Mr. Nokkie from his first wife, Nun Tem Nokkie. Matthew Young Nokkie is the biological child of the prisoner. The District Court on 16 December 2003 granted a certificate of customary adoption. A copy of the relevant order is attached to the victim's undated statement. The victim in 2003 made application to her employer, Air Niugini to extend her concessional privileges to these children.

26. Mr. Nokkie deposes in his affidavit that he met the prisoner in the last quarter of 1995. She had a male child from a previous relationship. He himself had two daughters from a previous relationship. Sometime in 2001, they fostered a female child. The marriage was littered with arguments and fights and was therefore not a happy one. Finally in March 2002, the marriage was ended in a public ceremony at his village where Mr. Nokkie gave to the prisoner K1,000.00 cash and a pig. In August 2003, he met the victim who had two children from a previous relationship and took her in as his wife and they reside at his village. Towards the end of 2007, the prisoner returned to Mr. Nokkie, despite initial opposition by the victim. She was accommodated with her children at a rental accommodation in the city paid for by Mr. Nokkie. He spent time both in the village and at the rental accommodation. The rental accommodation was later converted into a Guest House and managed by the prisoner. He also rented a small space in the city next to the Best Buy shop from which the prisoner operates a mini fast food outlet to support herself and her children. On the morning of the incident, he dropped off the victim with a few others at the car park outside Air Niugini office where the victim worked and then went on to see the prisoner at the fast food.
27. I find as a fact from evidence or statements of the victim, Mr. Nokkie and the prisoner herself that at the time of the incident, the prisoner and the victim were married to Mr. Nokkie.

28. The prisoner is from Kogmul village, Hagen Central in the Western Highlands Province. She was aged 35 years when she committed the offence and therefore would be aged about 38 years by now. She resides with her two children at the village. The eldest of the two children is now aged 18 years and the last born would be aged about eleven years now. She actually has no children from her relationship with Mr. Nokkie. She comes from a polygamous family, her father having had many wives. There are twenty eight siblings, comprising six males and 22 females. Her father was a former village councillor. Both her parents are deceased. She has attained Grade 6 formal education from the Ogelbeng Primary School, Hagen Central. She is a baptized member of the Lutheran Church. The prisoner was initially arrested on the date of the incident and charged for unlawful wounding. She was admitted to bail. The charge was not pursued successfully by the prosecution resulting in the prisoner being discharged. The prisoner was re-arrested on 16 December 2009, charged for attempted murder and admitted to cash bail of K300.00 by the District Court on the same day. The District Court bail was later converted to National Court bail. The prisoner was committed to stand trial in the National Court on 10 June 2010.

29. The victim is from Keltiga village, Hagen Central, Western Highlands Province. At the time of the incident, she was employed by Air Niugini at its Mt. Hagen Branch as Travel Advisor, International.

30. Mr. Kos for the prisoner submitted that the present case does not fall within the worst category of the offence under consideration. In support of his submission and by way of comparison, counsel referred me to The State v Yale Sambrai (2005) N2886 and The State v Patrick Kimat (2005) N2947 and suggested that a sentence between eighteen months to two years was appropriate less pre-sentence custody period, wholly suspended on terms including the making of a compensation order for the prisoner to pay the victim K1,000.00.

31. In Yale Sambrai, the prisoner told the victim, his brother in-law to cut some posts for him. Thereafter, an argument arose between them. The prisoner then left his house and went to a hamlet. A few hours later, the prisoner met the victim and cut him on the back of the head with a bush knife inflicting a serious injury which caused the victim to fall unconscious. On a guilty plea to a charge of doing grievous bodily harm with intent under Section 315 (b) and (c) of the Code and being a first offender, the Court imposed a custodial sentence of two years imprisonment in hard labour less time already spent in custody.

32. In Patrick Kimat, the prisoner was with his in-law consuming alcohol. The victim was drunk and would not listen to the prisoner so the prisoner cut the victim on his forehead with a bush knife causing a fracture of the frontal bone. It was single blow. At the time of sentencing; the prisoner was living together with the victim in one house; they shared meals together; and there was no problem between them. The prisoner was sentenced to 12 months imprisonment in hard labour, less time spent in pre trial custody which was wholly suspended on terms.

33. Mr. Waine for the State submitted that the victim suffered a serious fractured skull which if not treated could have been life threatening. Counsel submitted that because of the seriousness of the injury as was shown by the medical report, a sentence of three years less pre-sentence custody period was appropriate. He suggested that the prisoner immediately serve six months in custody and the balance of the term be suspended on terms.

34. In support of his submission, Mr. Waine referred me to The State v Anton Vail (2003) N2473 and The State v Amos Kiap (2003) N2452.

35. In Anton Vail, the prisoner and the victim who was his wife were invited to attend a dance at the Hamamas Hotel in Rabaul which they accepted. However, because there was a feast at a nearby village being held at about the same time, the prisoner attended the feast and the victim attended the dance alone. The prisoner returned from the feast in the wee hours of the morning and started questioning the victim if she danced at the said Hotel. When she admitted that she did after assisting with collecting gate-takings, the prisoner became furious and assaulted her. The prisoner initially punched the victim. He then got a piece of wood with which he hit the victim on her right forearm. Medical examination conducted after the assault revealed that there was bleeding from the right ear with a laceration on the wall of the ear canal. There were facial injuries including a painful left jaw as well. X-ray revealed that the right forearm was fractured with no displacement. The victim was treated for those injuries and her right forearm was kept in a plaster cast for six weeks. The prisoner was sentenced to three years imprisonment in hard labour however the whole term was suspended on condition that the prisoner paid Six Hundred Kina as compensation to the victim within fourteen days and the prisoner entering into his recognizance to keep the peace and be of good behaviour for three years.

36. In Amos Kiap, the prisoner had a long history of violence towards the victim who was his wife and members of her immediate family since marrying the victim. He regularly appeared before the Village Court as a result of such attacks. On this particular occasion, the prisoner attacked the victim from her back with a sharp instrument twice as she was proceeding towards the Supa Value Store in Mt Hagen after finishing work at a local bank. The victim sustained deep cuts to her head and she fell to the ground unconscious. The victim was rushed to the Mt Hagen General Hospital where she received medical attention. The victim's medical report showed that she sustained multiple wounds to her head which were caused by stone and knife and that she lost about 200 mls of blood. The victim left the matrimonial home with the three children of the marriage due to his brutality. The prisoner was sentenced to six years imprisonment in hard labour less time spent in custody. However, the whole of the balance of the term was suspended and the prisoner released on probation with strict conditions applying. Two of the factors that the Court considered in imposing such a sentence was the prisoner's long history of violence against the victim and her relatives as well as the fact that the victim would not receive any redress at all for the suffering she endured at the hands of the prisoner by his incarceration.

37. Mitigating factors in the present case are:

(a) the prisoner pleaded guilty;

(b) the prisoner was the sole assailant;

(c) notwithstanding the medical reports showing the true nature and extent of multiple injuries the prisoner inflicted upon the victim, the prosecution elected to plead that the prisoner inflicted a single blow to the head of the victim;

(d) the prisoner has no prior convictions; and

(e) this was an incident involving co-wives therefore the presence of de-facto provocation.

38. Expression of remorse without the prisoner taking tangible steps to say sorry for the wrong she has committed eg, payment of compensation as is the custom practiced in the Highlands region is not genuine. I am also aware of the principle enunciated in Public Prosecutor v Tom Ake [1978] PNGLR 469 which states that a plea of guilty indicates remorse and contrition. However, in the present case, the principle should not be considered favourably to the prisoner in circumstances where the prisoner has not made any admission of guilt since her arrest and was intent on contesting the charge until a change of heart nearly three years down the track resulting in her conviction and the expression of remorse is made belatedly. This is a neutral factor.

39. Aggravating factors in the present case are:

(a) the prisoner used an offensive weapon, an iron rod;

(b) the attack was vicious as is demonstrated by the fractured skull;

(c) whilst the fractured skull has healed, medical evidence shows that the victim will suffer from post-cerebral concussion syndrome as a result of the assault for the rest of her life;

(d) this was not an isolated incident as the prisoner has assaulted the victim in public in the city on at least three occasions prior to the current incident including having been ordered by the Village Court on one occasion to pay compensation to the victim;

(e) the prisoner is an adult who has previously lived in Mt. Hagen or lives in her village which is near Mt. Hagen and has some form of education to tell what is right from wrong - lack of sophistication is not an excuse; and

(f) the offence is prevalent.

40. Factors in aggravation slightly outweigh those in mitigation both numerically and in strength.

41. What is the appropriate sentence for the prisoner? I will uphold the submission by the State and impose a head sentence which is higher than that proposed by the prisoner. Taking into account all the circumstances of the present case and guided by case authorities I have been referred to by the parties, I will fix a head sentence of four years imprisonment in hard labour.

42. The prisoner was released on bail on the date he was arrested. However, she would have spent some time in custody before being released on bail. I therefore propose to deduct one day from the head sentence leaving 3 years and 364 days (the remaining term) for her to serve.

43. The prisoner will serve the remaining term at the Baisu Correctional Institution.

44. Should I suspend the whole or any part of the remaining term? The power to suspend a sentence is conferred by Section 19 (1)(d) of the Code and should be exercised on proper principles: see Public Prosecutor v Thomas Vola [1981] PNGLR 412. Some of these principles are set out in Gimble v The State (1988-89) PNGLR 271; The State v Frank Kagai [1987] PNGLR 320; and Public Prosecutor v William Bruce Tardrew [1986] PNGLR 91 which I have considered. The Supreme Court has also held that there can be no suspension of sentence without the support of a pre-sentence report: Public Prosecutor v Don Hale (1998) SC564; Edmund Gima and Siune Arnold v The State (2003) SC730; Richard Liri v The State (2007) SC883. In Edmund Gima and Siune Arnold, the Supreme Court also observed that a sentence cannot be suspended without imposing any condition because a suspension of either the whole or any part of it is not an exercise of discretion in leniency, but is a form of punishment. Hence, conditions must be imposed to demonstrate that it is an alternative to punishment within our criminal justice system in appropriate cases.

45. I have mentioned already that the pre-sentence report speaks favourably of the prisoner. The report recommends a non-custodial sentence under probation supervision which I accept. I will accept the prisoner's submission to suspend the remaining term in its entirety. I am satisfied that suspension will promote personal deterrence, reformation or rehabilitation.

46. Suspension will also promote the settlement of the compensation order which I propose to make by virtue of Sections 2, 3, 4 and 5 of the Criminal Law (Compensation) Act 1991 which no doubt will greatly assist the victim financially for some time to meet some of her medical needs. The means assessment report also speaks favourably of the prisoner's financial capacity to meet any compensation order. The medical reports of Dr. Rank dated 10 September 2012 and that from Dr. Kulunga report that the victim will suffer from post-cerebral concussion syndrome as a result of the assault for the long term. This calls for me to make a compensation order for the maximum allowed of K5,000.00 to be paid by the prisoner.

47. The remaining term is suspended in its entirety upon the following conditions:

(a) the prisoner shall pay a fine of K1,000.00 within 72 hours of sentence.

(b) Bail monies of K300.00 shall be converted and applied towards part-payment of the fine.

(c) The prisoner shall pay to the victim the sum of K5,000.00 in cash.

(d) The compensation order shall be settled within five months from today in five equal instalments of K1,000.00, the first due on 21 December 2012 and the last due on 21 April 2013.

(e) The prisoner shall contact the Mt. Hagen Provincial Probation Officer within 72 hours of sentence.

(f) The prisoner shall report to the Mt. Hagen Provincial Probation Officer as and when required by him or her to do so.

(g) The prisoner shall enter into her own recognizance without surety to keep the peace and be of good behaviour during the period of suspension.

(h) The prisoner shall not change her residential address at Kogmul village, Hagen Central in the Western Highlands Province unless she has given the Mt. Hagen Provincial Probation Officer reasonable notice of her intention to do so and the reason for the proposed change.

(i) The prisoner shall not leave the Western Highlands Province without the permission of the Court during the period of suspension.

(j) The prisoner shall, for the purpose of the Probation Act, allow a Probation Officer to enter her home during reasonable hours.

(k) During the period of suspension, the prisoner shall provide free community service of 4 hours per day every government fortnight Friday at the Mt. Hagen Police Station or at such other institution of the State or the Western Highlands Provincial Administration situated within the Western Highlands Province requiring the services of the prisoner to be determined and supervised by the Mt. Hagen Provincial Probation Officer. The prisoner must obey all instructions from the heads of the institutions where her services will be provided in consultation with the Mt. Hagen Provincial Probation Officer.

(l) The prisoner will be at liberty to apply for a review of any of these terms including the lifting of any of them provided that there is substantial compliance.

48. In the event that any one of the above conditions is not complied with, then the prisoner's probation will be breached and she will be arrested and sent to gaol at the Baisu Correctional Institution to serve the remaining term which I have suspended.

49. A warrant of commitment shall issue in the above terms forthwith.

Sentenced accordingly.

__________________________________________________
Public Prosecutor: Lawyer for the State
Paul Paraka Lawyers: Lawyer for the Prisoner