N6819

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR No. 537 OF 2017

THE STATE
 
V
  
ROBIN MAKARA

Kiunga: Koeget, AJ
2017:21st and 27th April.

CRIMINAL LAW- Sentence – Guilty plea to Grievous Bodily Harm under section 319 of the Criminal Code Act – first time youthful offender – wholly suspension of sentence on condition the prisoner promise to keep peace and be on Good Behaviour Bond – Discretionary Powers of court under section 19 of the Criminal Code Act.

FACTS:

On 28th of August 2016, at about midnight, there were serious brawl between the accused and the victim and other persons.  The accused was assaulted by the victim and later the victim’s friends assaulted him again the same night.

At day break, the accused went to the victim’s house and punched him in the face and when the victim attempted to retaliate, the accused picked up a wood and held it with both hands and hit the victim twice on the right thigh.  The victim sustain injury to his right thigh.  

Cases Cited:
	
The State –v- Bola (2013) (N5369)
The State –v- John Kaiwa (2014) N5543

27th April 2017

1.	KOEGET AJ:  INTRODUCTION: The accused is charged with one count of Grievous Bodily Harm pursuant to section 319 of the Criminal Code Act chapter 262.

ARRAIGNMENT:

2.	 The accused pleaded guilty to the charge and was convicted accordingly.

ISSUE:

3.	The issue is what is the appropriate sentence the Court should impose upon the prisoner.

LAW:

4.	The law on grievous bodily harm is as follows:

“319.  Grievous Bodily Harm.

A person who unlawfully does grievously bodily harm to another person is guilty of a crime.

Penalty:	Imprisonment for a term not exceeding seven years.”

ALLOCATUS:

5.	In allocatus, the prisoner said the following:

 “I say sorry to the Court, the victim and his family at Wangbin village.  I say sorry to my own family for causing embarrassment to them.  I will not consume alcohol again”

PERSONAL PARTICULARS:

6.    The prisoner is 20 years of age and is a bachelor.  He was born at 7 Corner in Tabubil and lived all his life in Tabubil in the Western Province.

7.    He attended New Wangbin Primary school and completed Grade 6 in 2010.  He was employed by Star West as a Spotter for 1 year 4 months.  He has been terminated from employment since been taken into custody by police for this offence.

8.    This was a drunken brawl and the prisoner used a piece of timber to assault the victim.  The victim’s right femur was fractured.

9.     The prisoner’s father died when he was an infant but the mother is alive and she cared for him since then.

AGGRAVATING FACTORS:

10.    The prisoner used a piece of timber to assault the victim and caused the injury on the right thigh.

MITIGATING FACTORS:

11.    The prisoner cooperated well with the police and admitted the commission of the offence to them.  He has pleaded guilty to the charge in court and has saved valuable time of the Court.

12.    He was provoked by the assaults upon him in the night by the victim and his friends.  The prisoner assaulted his cousin brother and inflicted the injury complained of.

13.    The prisoner paid the sum of K2,500.00 to the victim as compensation and it was accepted by the victim and his family.  The payment was witnessed by members of the Royal Papua New Guinea Constabulary stationed at Tabubil Police Station.

SENTENCE:

14.    The prisoner paid compensation to the victim to mend the rift between the family as all are very closely related to each other.

15.    The prisoner is a first time youthful offender and has cooperated well in this case with police and before me particularly when he pleaded guilty to the charge.

16.    In the exercise of the Court’s discretionary powers under section 19 of the Criminal Code Act chapter 262, the prisoner is sentenced to be imprisoned for three years in hard labour.

17.   Since he has been in custody for 3 months and 2 weeks, this period is deducted.  

18.     The balance of 2 years, 8 months and 2 weeks are wholly suspended on the following conditions that the prisoner is to enter into recognisance and promise to keep peace and be on good behaviour bond for a period of 2 years 8 months and 2 weeks.

ORDERS:

19.   The orders of the Court are:

(1)	     The prisoner’s imprisonment term of 2years, 8 months and 2 weeks is wholly suspended

(2)	Should the prisoner breach this condition he should be brought             to Court and be dealt with the suspended portion of the sentence.

(3)	Bail money of K500.00 is ordered to be refunded to him.

Public Prosecutor : Lawyer for the State
Public Solicitor : Lawyer for the Accused: