Hanets v Gimis [2007] PGDC 72; DC600 (24 August 2007)

DC600

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

DCCr 179 OF 2007

BETWEEN

GETRUDE HANETS
Informant

AND

PATRICIA GIMIS
Defendant

Buka: B Tasikul
2007: 24 August

Case Cited
Nil

Reference
Summary Offence Act

Counsel
Senior Constable Ratavi, for the Informant
Patricia Gimis, for Defendant

JUDGMENT ON SENTENCE

1. B TASIKUL: You pleaded guilty to the charge of unlawfully assaulting Beverly Stevenson which is contravening to s 6(3) of Summary Offence Act.

2. I noted from the statement of fact read by the prosecution is that when you spotted the complainant and her sister chatting with your husband and your baby you charged straight to them and started arguing with them. You were holding an offensive weapon namely a bush knife at that time and you threatened them.

3. You pulled the complainant’s hair and also swung the bush knife toward the complainant which of course missed her.

4. In your defence, you mentioned to this court that your husband had a baby with one (1) of the complainant’s sister. You also mentioned that her sister on some earlier occasion did take a fight against you and also swore at you.

4. Looking at the community based officer’s report, I noted that there has been some on going family dispute between yourself and the complainant’s family. I noted also that there was a reconciliation meeting held between the disputing parties. In that meeting you were given a grace period to come up with that reconciliation ceremony and payment of some form of compensation to the Stevenson family. The complainant’s family were asking that you perform this traditional customary obligation together with a pig.

5. From my own opinion, this is a family dispute. It is my view that this dispute arose as a result from you marrying Nile who once had a relationship between him and Fiona. This type of dispute can be addressed in a more professional way through appropriated authorities.

6. There are areas available to settle such issues as the one you have taken through customary meeting by family members of the disputing parties or through the formal court system. That is to say, if the Stevenson family think that Nile had deserted their daughter and marrying you, they can claim maintenance through the court.

7. I think you should shoulder some of the problem because you were aware that Nile had established relationship with Fiona and a child was born.

8. Having said that, individual have their constitutional rights to choose in life which direction they wish to go.

9. With all this few remarks, I note that you will be travelling back to Rabaul for the completion of your studies, in which probation is not a suitable sentence that this court should impose.

11. Having considered the other alternative, both your side and the complainant, I hereby make the following orders:

i) That you be placed on a six (6) months Good Behaviour Bond with surety fee of K50.00.

ii) That you before leaving for your studies, convene a reconciliation/peace ceremony to be witnesses by the Probation Officer. In that peace ceremony, you compensate the complainant K100.00 as compensation

Prosecutor
Defendant in Person