Police v Mako [2008] PGDC 108; DC801 (17 September 2008)

DC 801

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

DCCr 821 of 2008

BETWEEN

POLICE
Informant

AND

LAWRENCE MAKO
Defendant

Goroka: M. IPANG

2008: August 8, 27
September 02, 03. 12, 15 and 17

CRIMINAL LAW – Summary Offence Act, Chapter 264 – 6 (3) Unlawful
assault – defendant having de-facto relationship with the victim – defendant claimed he only slapped her on her cheek – medical report and evidence given victim revealed serious injuries sustained.

Domestic Violence - wife beating a major concern for this country – sentence imposed should reflect the level of concern – with deterrence effect.

HELD: - I have found you guilty already and now convict you and order you to pay court fine of K300.00 forthwith in default you will be imprisoned for five (05) months in hard labour. Furthermore, I do order that you pay compensation to the complainant pursuant to s. 6 (4) of the Summary Offences Act, Chapter 264 for the bodily injuries she sustained from your assault in the sum of K200.00. I set 19th of September, 2008 to be the date you should pay her this amount in default you be imprisoned for a term of four (4) months. This sentence to be served concurrently to the five (5) months should you make default payments of both court fine and compensation.

Cases Cited

Nil

References

Nil

Counsels:

S/C P. Asi: Police Prosecutor:
Defendant: In Person

17 September 2008

DECISION

M IPANG, Magistrate: Defendant Lawrence Mako appeared before this court charged with one count of unlawful assault under the Summary Offences Act, Chapter 264. The brief nature of the charge are as follows:-

On the 02nd of August 2008 at Papindo Supermarket store in Goroka Town, you did punched several times and kicked the victim Emma Malai. As a result she sustained injuries to her personal undergone medical attention and treatment.

2. Defendant Mr. Mako pleaded not guilty to the charge and so this matter was listed for trial on the 27th of August at 9:00 am. On this date, I had travelled out of the province on official duty so my brother Magistrate Mr. Vetunawa adjourned this matter to the 02nd of September 2008 for further mention. On this date, Prosecution opened its case and the victim was called to give evidence.

3. The victim’s evidence was basically this. On Saturday the 2nd of August at 11:00 am, she took her recess and came out of the store. She said, she sat at the backyard of the Papindo store. She further said while she was sitting at the backyard, defendant came and asked her to go out with him. She said she refused and defendant then punched her. She told this court that he punched her with his folded fist on the right side of her face. She falls on the cement and he kicked her. This was the first incident of assault.

4. After this, the victim said the security guards came and stopped the defendant. The victim then told the defendant that she will have him, reported to the Police station. Thereafter, as soon she finished speaking, she said defendant came back the second time, assaulted her, kicked her, kicked her on her ribs, backside and her head. Security guards then physically moved in out of the gate.

5. On Sunday the 3rd of August 2008, she went and laid a formal complaint at the Police station. Police went to Papindo store at West Goroka and arrested the defendant. On the next day, Monday the 4th of August 2008, the victim said she went and seek medical treatment and the photographs of the injuries she sustained.

6. During the examination In-chief she answered the following questions:

Q. How many times did he punch you?

A. One (1) punch and I was unconscious.

Q. How many times, did he kick you?

A Once and I was knocked out.

Q. Did he wear any foot wear?

A. Yes, what he is wearing now in court.

Q. On the second incident – Did he punch you?

A. He kicked me and I fell on the cement and then he punched me.

Q. Why did he punch you?

A. I refused to follow him.

Q. Did you obtain Medical Report?

A. Yes.

Upon being cross-examined by the Defendant Lawrence Mako, the following were the responses:-

Q. How many children do we have?

A. Two (2); I said no marriage as you’re just my boy-friend.

Q. Why didn’t you go to the hospital, the same day?

A. I felt pain so I went home. I seek medical treatment the next day.

7. It is obvious to this court that defendant did not just slap the complainant. He has in fact severely beaten up the complainant and this has been confirmed through the Medical Report she has obtained. The Medical Report stated the following:

1. Subjective head and body aches
   
2. Bruise to right parietal scalp
   
3. Abrasion to dorsal aspect of the left elbow
   
4. Bruise to right temporal region. The Report revealed diagnosis of soft tissue injury and the complainant was supplied with painkiller.
   

8. Complainant’s evidence was supported by her witness Jack Akesubo. Jack is employed as a Security Guard at Papindo Supermarket in Town and was on duty that time and witnessed the defendant assaulted the complainant. This witness revealed during Examination In-chief that defendant assaulted complainant on two (2) separate occasions. He said, he saw blood came out from complainant’s mouth and she fainted (or fell unconscious on the cement). She held her hand in pain.

9. Defendant told this court that complainant is his wife. They lived together for five years and have two children. Since they moved to Goroka, they lived with the complainant’s uncle and aunty. Defendant said, he left his family and live in a rented accommodation because complainant’s uncle and aunty disapproved of him seeing the complainant and his two children. He said, he invited complainant to have lunch with him but she refused and as a result of this he assaulted the complainant.

10. He maintained that he only slapped the complainant. During the Cross Examination, he was asked and referred to the Medical report on the extent of injuries the complainant sustained as a result of been assaulted and defendant replied he wanted first-hand evidence.

11. Findings. There are overwhelming, credible and cogent evidence established by the prosecution on which I find defendant guilty beyond reasonable doubt of unlawful assault contrary to s. 6 (3) of the Summary Offences Act, Chapter 264.

12. Sentence.

Lawrence Mako, I have found you guilty of unlawfully assaulting EMMA MALAI on the 02nd of August 2008. There are scars of the parts of her body which you have caused to her. You are no doubt, a person of short-temper and a violent person.

13. As the bible teaches us, your first responsibility is to yourself. This means that you must accept yourself completely in your origin and in yourself. The next step is to take responsibility for your thoughts and attitudes, your actions and behaviour. A healthy attitude towards yourself will help you to practice self-control in all matters, especially those that are harmful towards yourself and most importantly to others like Emma Malai.

14. Before you can think of reaching out to others in love, you need to love yourself first. Loving yourself is part of the whole Law of God: “Love your neighbour as you love yourself,” (Mt 19:19). “... as you love yourself” is the yardstick for loving your neighbour. Do you love yourself? Loving yourself responsibly means taking care of your body and mind, your spirit and social; it means taking over the entire management of your life through self-control.

“Self-control is not an option in our lives; it is something necessary for salvation. To bring about law and order is not the duty of police only, but rather of every responsible citizen, that is each one of us.” (Bishop Paul Marx, “Humane Vitae, Trying to Understand, Sal Press, Boroko, 1994 at p. 6)

15. Lawrence Mako, you must understand that becoming a good person is not something that happens instantly or easily. You need time to learn how to develop a positive self-image and self-respect. A healthy self-love is rooted in these. Genuine self-love is the key to self-knowledge. It leads you into the secret of who you are in your innermost self; it enables you to discover your strengths and weaknesses and to claim them. You will be ready to accept and trust others only when you can accept and trust yourself.

16. You have been dishonest when you told this court you only slapped the complainant. You should have been honest and admitted to the charge at the first instant. I have found you guilty already and now convict you and order you to pay court fine of K300.00 forthwith in default you will be imprisoned for five (05) months in hard labour. Furthermore, I do order that you pay compensation to the complainant pursuant to s. 6 (4) of the Summary Offences Act, Chapter 264 for the bodily injuries she sustained from your assault in the sum of K200.00. I set 19th of September, 2008 to be the date you should pay her this amount in default you be imprisoned for a term of four (4) months. This sentence to be served concurrently to the five (5) months should you make default payments of both court fine and compensation.

Counsel:
S/C P. Asi: Police Prosecutor:
Defendant: In Person