State v Kaivi [2018] PGDC 30; DC3068 (13 June 2018)

DC3068

PAPUA NEW GUINEA

[IN THE DISTRICT COURT OF JUSTICE

SITTING IN ITS CRIMINAL (GRADE FIVE) JURISDICTION]

GFCr 137 of 2018
BETWEEN

ROBERT NOGOS

Informant

AND

KORIN KAIVI

Defendant

BUKA: B.TASIKUL

2018: 13^th June

     

CRIMINAL:

Cases Cited:

References:

Counsel:

Lawyer for the Informant: First Constable Chris Makoe

Lawyer for the Defendant: in person

DECISION ON SENTENCE

1. BTASIKUL: PM. Korin Kaivi you pleaded guilty to the charge of committing an act of domestic violence towards your wife Thomasina Piruke.
   
2. It was alleged that on the 5^th May, 2018 you sent your wife to the store to buy batteries. Upon her return your sister told her to go back to the store to buy coke. While she was returning a drunkard tried grabbing her, but she ran away. You asked your sister what was going on. Your sister explained to you what had happen. Without any good reasons you started bashing your wife and swear at her.
   
3. You continued on assaulting her the following day as the result she went to the neighbour’s house to hide. The next day you went to the neighbour’s house and threated her and continued assaulting her and threaten to cut her with the knife.
   
4. When asked by the Court if these facts read to you by the prosecution is true and correct, and you admitted to these facts. You have not given the court any reasons why you assaulted your wife.
   
5. Now what does the law says; section 6 of the Family Protection Actstates;
   

(1)A person who commits an act of domestic violence is guilty of an offence. Penalty: A fine not exceeding K5000.00 or imprisonment for a term not exceeding two years or both.

(2) It is not a defense to an offence under subsection (1) that the defendant has paid an amount of money or given valuable consideration, in accordance with or her custom, to the complainant.

6. What is domestic violence? Domestic violence means assault, psychogically abuse,harasses,intimidates,sexually abuse, stalks, behave in a indecent or offensive manner, damaging of family properties and threatening (s5)
   
7. You admitted committing domestic violence to your wife. I have ask the Probation Officer to provide me a pre-sentence report to assist me in deciding what would be an appropriate sentence to be imposed on you.
   
8. This is a new piece of legislation passed and certified by Parliament on the 11^th March, 2013. This law was enacted due to wide spread of domestic violence or violence against women and children throughout our communities’ in the country. Under this law domestic violence has now become a criminal offence, That means that if the court finds you guilty for committing any act of domestic violence you can be sent to jail for two years imprisonment.
   
9. Since the passing of this legislation police has now been charging perpetrators of violence against women under this Act. This is good because it makes the process much easier and quicker rather than victims of domestic violence going through the process of getting summons and registering them at the District Court Registry which takes more time to appear in court.
   
10. For your case I find no valid reasons at all for you to assault your wife. I noted from the pre-sentence report that the victim is your second wife. You had a first wife with six children. You been married to the victim for only eight months and had no child. She is a young woman. During this eight months she has been living in a miserably life of continues violence.The report also states that you are a jealousy person and very possessive.
    
11. You chose to marry this young lady; therefore you must take care of her. You assaulted her because you got jealous on her after she came back from the shop and was talking to some drunkards on the road. Your jealousy behaviour has led you to continued assaulting and abusing your wife for three continues days. She has been traumatised and suffers injuries and pains in her body.
    
12. Let me at this juncture say this; from January 2018 up to this month of June 2018 a total of around 30 cases have been filed in court for both in the civil and criminal track related to domestic violence. This statistic indicates that there is a big problem in domestic violence here on Bougainville. There is a need for more awareness and fathers must start respecting their wives.
    
13. In the last few months the court has been very lenient to offenders of domestic violence. I think the court is not doing justice to the victims of domestic violence. It is about time the court should take tough stands on this issue and imposed maximum penalties to offenders of domestic violence so that the message must be crystal clear that domestic violence is a criminal offence.
    
14. Having said that I am mindful that you pleaded guilty and you have been in custody since 1^st June, 2018.
    
15. I therefore fined you K200.00 court fine i/d be sentence to six months imprisonment. I further ordered that you pay K200.00 compensation to your wife under the Criminal Compensation Act i/d sentence to another six months imprisonment. If you don’t pay both fine and compensation you will serve 12 months cumulative sentence.
    
16. I will grant your wife a Protection Order whereby you are refrained from further committing any further act on domestic violence upon her for a period of twelve months. You are also order to attend a marriage counselling at the Family Support Centre at Hahela Family Support Centre.