N6889

PAPUA NEW GUINEA
     [IN THE NATIONAL COURT OF JUSTICE]

CR NO. 736 of 2017

THE STATE 

V

CHARLES JAIGOPA

Popondetta 	: Koeget, AJ
   2017:  27th July, 1st August

CRIMINAL LAW- Indictment offence – section 322 (i) (a) of the Criminal Code Act – maximum sentence – sentence on guilty plea – Court’s discretionary powers under section 19 of the Criminal Code Act.

FACTS

The accused blamed the victim for committing adultery with his wife so they argued over the allegations.  The victim proceeded to the house of the accused armed with weapons and so the accused too armed himself with a spear and a bush knife and attacked the victim first outside his house in the village.

The accused threw a spear that struck the victim on the left arm and it penetrated through to the chest.  The victim was taken to the Popondetta General Hospital where the spear was removed and he received medical treatment on the wound.  The wounds have healed up well.

Held:

Counsel:	

L. Toke, for the State
E. Yavisa, for the Accused

1st August, 2017

1.    KOEGET AJ: INTRODUCTION: The accused is charged with one count of Unlawful Wounding pursuant to section 322 (1) (a) of the Criminal Code Act.  

ARRAIGNMENT

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

ISSUE

3.    The issue for the court to determine is what is the appropriate sentence the court should impose upon the prisoner.  

LAW

4.    Section 322.	Wounding and similar acts.

(1)	a person who –
(a)	 unlawfully wounds another person is guilty of a misdemeanour.

Penalty:	Imprisonment for term not exceeding three years.” 

ALLOCATUS

“I say sorry to the victim and his family.  I say sorry to my family for making them suffer as I am in jail.  I am a first time offender.”

PERSONAL PARTICULARS

5.     The prisoner is 30 years of age and is married.  He has no brothers and sisters.  He is a subsistence gardener and resides at Kakandetta village in Popondetta, Northern Province.

AGGRAVATING FACTORS

5.    The victim sustained injuries to his left arm and chest.  A spear was used to inflict the injuries.  

MITIGATING FACTORS

6.    The prisoner pleaded guilty to the charge and has saved valuable time of the Court.  He cooperated well with the police and admitted commission of the offence during conduct of the record of interview.

7.    He has no prior convictions so he is a first time offender.  He saw the victim armed with a bush knife and a spear approaching him so he too took a spear and bush knife and attacked the victim first so credits are given to these factors.  In my view a lenient sentence ought to be imposed in this case.

8.    He has been in custody for 7 months awaiting disposal of the case.

SENTENCE

9.    This is not the worst type of Grievous Bodily Harm case.

10.    He was provoked when he found that the victim committed adultery with his wife and the victim went to his house armed with spear and a bush knife on the date of the offence.

11.   The prisoner is sentenced to be imprisoned for one year.  The pre-trial custodial period is deducted.  The balance of 5 months is wholly suspended on conditions that the prisoner enters into recognisance and promise to Keep Peace and be on Good Behaviour for five months.

12.    Should the prisoner breach the conditions he shall be brought to Court to be dealt with the suspended portion of the sentence.
______________________________________________________________
Public Prosecutor:  Lawyer for the State		
Public Solicitor :     Lawyer for the Accused