Moka v Malawa [2010] PGDC 42; DC1042 (5 November 2010)

DC1042

PAPUA NEW GUINEA
[In the District Court of Justice sitting in its criminal Jurisdiction]

Ccr No 494 of 2010

BETWEEN

CHEETAH MOKA
Informant

AND

FRANCIS MALAWA
Defendant

Lihir: B Tasikul, a/PM
2010: November, 05

CRIMINAL LAW: Charge of unlawful assault –Victim is the defendant's wife-Second Offence of assault on the same victim- Court must not treat domestic violence as husband and wife problem.

CASES CITED:

REFERNCES: s, 6(3) (4) Summary Offence Act

COUNSEL:
For the Prosecution- Senior Constable Tenangan
For the defendant- In Person

DECISION ON SENTENCE

1. B.TASIKUL: You pleaded guilty to the charge of assaulting your wife Susan Kambou by punching and kicking her on the face and at the back of her neck.
   
2. The following are the facts that you pleaded guilty to it. On the 26th October 2010 between 11.45pm and 12 midnights you were with your wife at your home at Kuneiye 1 village at Lihir Island.
   
3. After you had your dinner you went to bed, and so your wife. You then got your wife's mobile phone to check the time. For some unknown reason you started wakening her up and at the same time started assaulting her.
   
4. You hit slapped her on her face and then hit her several times on the back of her neck. Your wife was taken to the hospital and was admitted for a night.
   
5. According the medical report she suffered soft tissue (muscle) injury. She was treated with pain killer and was discharge. Even though the medical report shows no serious injuries sustained, yet she suffered from the pain and emotional trauma.
   
6. Section 6(3 ) of the Summary Offence Act states
   

(3) A person who unlawfully assaults another person is guilty of an offence.

Penalty: A fine not exceeding K500.00 or imprisonment for a term not exceeding two years.

7. In your statement of defence you told the Court that you were not happy with some family issues which she has not come in good terms with you to settle. You also make mention that both of you have been separated or living apart for some eight months and just recently you both came to live together.
   
8. I have asked your wife the opportunity to tell the Court her view on this matter. She mention to Court that this is not the first time she went through this problem where you have on several occasion assaulted her.
   
9. This was confirmed by the State that you have on previous occasion appeared before this Court for the same offence, which you also assaulted the complainant (your wife).The Court placed you on an eight months good behavior bond.
   
10. In your allocatus you told the Court that you know it was wrong and you want the Court to impose certain condition. I noted that you have not shown any remorse to what you have done.
    
11. I have place great taught for what appropriate punishment I should impose on you. I noted from your side that you are married with three children and you are employed with National Catering Services. If I give you a custodial sentence, you will probably lose your job. You children will also share the same suffering as they will be nobody to care for them during your term of imprisonment.
    
12. However, I must also take into account your wife's interest, the community and the State. For your wife she has spoken as she told the Court she has suffered enough of your violence life all this years of your marriages. In the community interest, if I give you a very lenient sentence people will see that domestic violence is just something between the husband and wife. This will give a wrong signal to the community.
    
13. Let me from outset say that, for the last two years most of the case that comes before my Court here on Lihir especially assault cases, the victim is always be a woman. There has been an increase in either domestic violence or violence against women. Our male companion must start respecting our women folk. Yes, there may be instances that some women may be the cause of some family problems; however, there are ways to settle such issues instead of taking violence approaches to such problems.
    
14. For your cases you have already been placed on an eight months good behavior bond. You had your chance and you failed to take heed on that, so you do not expect the Court to continue giving people second chance.
    
15. Having considered all of the above factors. I hereby ordered that you pay and fine of K400.00 i/d twelve months imprisonment. I will further order that you pay K500.00 as compensation to you wife within two weeks as from today or you will be sentence to another twelve months imprisonment under the Criminal Law Compensation Act.