The offender pleaded guilty on 4 August 2016 to assaulting the complainant at Gerehu stage six, National Capital District. The plea was accepted and the offender was convicted accordingly. The charge was pursuant to section 6 (3) of the Summary Offences Act.

Facts

On the 29 July 2016 at 8:40 pm, the offender assaulted the complainant by punching him several times on his face resulting in the complainant sustaining bruises on his face and head.

Antecedents

The offender is eighteen years old and is from Saroa village, Rigo, Central Province. He has no permanent residence but drifts between Hohola and Gerehu stage six.

Prosecution Submissions

The prosecutor submits that he is a first time offender, a young man and he pleaded guilty. She submits that the court should consider a sentence that will rehabilitate the offender as he is a young man rather than imposing a custodial sentence. The prosecutor submits that the court consider probation and impose a condition that he be placed into the custody of City Mission.

Prisoner’s Response

The prisoner had nothing to say in response.

Pre-sentence Report

The pre-sentence report states that the offender was living with a Simbu family for about four days when he committed the offence. This is contrary to what the offender stated to the court about him being adopted by a Simbu family and living with them for a year.
He comes from a broken home where his parents are separated. He has no fixed address.
He was educated up to grade eight at Gerehu Primary School.
He committed the offence out of frustration over the complainant assaulting his younger brother.
The probation officer interviewed one Rebecca Kakal who states that the offender was living with them for four days before he committed this offence. She stated that the offender was committing other offences but did not specify the nature of the other offences.
The probation officer was not able to contact any immediate family members.
It is recommended by the author of the report that the offender be placed on probation and that Probation Services will liaise with City Mission to take the offender in to provide him with some rehabilitation training.
On receiving the pre-sentence report on 11 August 2016, the court noted that the offender came with his mother and maternal grandmother. I directed that the probation officer interview them and obtain a proper background regarding the offender’s family life.
An oral report was done by the probation officer Ms Elly Nepal. From her interview she uncovered that the offender’s mother works at Auto Tec and rents a unit at Hohola four in the National Capital District. She is a single mother and living with her are the offenders three younger siblings aged sixteen, eight and six respectively. His grandmother lives at Gerehu stage six with her younger daughter. The offender’s mother is willing to take him back into the family home while the probation officer liaises with City Mission to take him in. From the interview the probation officer uncovered that the offender harbours resentment towards his mother in relation to his biological father. He was not in good terms with her prior to the assault.
On 12 August 2016, the probation officer Ms Nepal advised the Court that the City Mission was prepared to supervise the offender should the Court order probation.
Having seen both the mother and the grandmother, they are hardly simple villagers depending on subsistence gardening as the offender led the earlier probation officer to believe. In fact from the interview with the mother, she is working here in the city and rents a unit in Hohola. It appears that the offender was not entirely truthful and forthcoming about his family back ground. However, he has maintained the reasons behind the assault to which his grandmother verifies. I am of the view that the offender was not truthful as to his family background because of his falling out with his mother and his unstable family life. It is quite evident here that the offender coming from a broken home and harbours a lot resentment towards his mother and wants nothing to do with her.
I find the offender to be intelligent and has a potential to change his life around. With the appropriate support and counselling he can be rehabilitated and can go a long way in his life. His circumstances are unfortunate in that he has a single mother and that he resents her. This has forced him to live elsewhere and depend on possibly extended family and strangers for his survival in the city. The offender is a young man he just turned 18, being born on 11 March 1998.
One purpose of sentencing is to rehabilitate offenders. He must be given that opportunity being a young first time offender. I used the words in the case of The State v Hohoa Hoksy Philip [1997] PNGDC 21 where the court stated that prisoner should not go to prison as it will harden him rather as he is eighteen years old a sentence that will rehabilitate him must be considered.
In the case of Ronda Simon v RB, Case Reference 3352 of 2016, I also considered a sentence aimed at rehabilitating the offender. In that case the offender is also a young man about eighteen years. He shares somewhat similar unfortunate circumstances. His brother brought him to Port Moresby and left him with relatives. He was educated up to grade eight but never completed his education. Having no stable family support and encouragement he strayed into a life of petty crime, surrounding himself with unsavoury characters. The offender pleaded guilty to stealing, specifically bag snatching. I sentenced him to six months imprisonment, suspended the whole of the sentence and placed him on probation for six months with conditions.
I consider a similar sentence is warranted and I do so.
As your charge is one of assault and the complainant suffered injuries, I impose the following sentence:
- 21.1. The prisoner is fined K100. His bail of K100 is converted to the Court fine.
- 21.2. The prisoner is sentenced to twelve months imprisonment.
- 21.3. That sentence is wholly suspended and the offender is placed on twelve months probation on the following conditions:
  - 21.3.1. He will remain in the custody of his mother SA at Hohola until Probation Services secures his place with City Mission to undergo vocational training
  - 21.3.2. He is restrained from being in the company of known criminals or gangs and any persons with criminal ties
  - 21.3.3. He shall not commit any other offence.
  - 21.3.4. He shall not consume alcohol.
  - 21.3.5. He shall attend counselling organised by the Probation Service.
No conviction shall be recorded.Lawyer for the Informant Sgt M.Rambusumbi, Police Prosecution Lawyer for the Defendant Defendant In Person

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