State v Hataga [2021] PGDC 149; DC7004 (6 October 2021)

DC7004

PAPUA NEW GUINEA

[IN THE DISTRICT COURT (GRADE V JURISDICTION) OF JUSTICE]

CR NO 03 OF 2021

THE STATE

V
OSWAL HATAGA
Defendant

BUKA: TASIKUL B, PM
2021:06^TH OCTOBER

CRIMINAL LAW – Unlawful Assault s. 322 (1) (a) CCA –Plead Guilty-First time offenders- Appropriate sentence to imposed
Cases Cited: State V Goli Golu (1979) PNGLR,
Legislation: Criminal Code Act,

Counsel: Appearing in person
Prosecution: Senior Constable Chris Makoe of Buka Police Station

JUDGMENT ON SENTENCE

15^th September, 2021

1. TASIKUL PM: The prisoner Oswald Hataga 36 years old of Kohino Village, Buka, Autonomous Region of Bougainville pleaded guilty to the charge of Unlawfully wounding of Maria Sakoei Hataga.

Facts

2. The following fact is taken from the police brief. It is alleged that on Saturday 10^th April, 2021 between 1:00 and 2.00 pm the defendant was at the garden with his mother, the victim, his two brothers namely; Raymond and Hosia Hataga his two nephews Chrisanto and Dulcius Ragu. They were all working in the garden while suddenly the three boys decided to go and drink coffee and their small hut.
   
3. At the hut Raymond got angry with Dulcius over a joke which resulted in Raymond started to fight Dulcius. Hosia and Chrisanto came in and stopped them. But Raymond was still angry and he fought with Dulcius the second time. While they were still fighting their mother, the victim came in to stop them. She shouted to them to stop fighting.
   
4. The defendant was cutting trees when he saw them fighting, took a one-meter bush knife shouted angrily and ran towards them. He tried to cut Hosia and Dulcius but both of them managed to avoid the knife. The two boys then manage to escape from him. After Raymond and Dulcius ran away, the victim tried to stop the defendant but he swung the knife and cut the victim on the back of his neck.
   
5. The victim fell to the ground and started to cry for help. But the defendant didn’t help her but he ran away.
6. The defendant was later arrested and charge.
   
7. The issue: As the defendant has pleaded guilty, the issue before this court is to determine what would be the appropriate sentence to impose on the defendant.
   
8. The Law

Section 322 (1) (a) of the Criminal Code states: (1) A person who-(a) unlawfully wounds another person is guilty of a misdemeanour. Penalty: Imprisonment for a term not exceeding three years.

9. The prisoner is liable to be imprisonment for a term not exceeding three years. It is however, trite that the maximum penalty is usually reserved for the worst instance of a particular offence. The court has discretion to impose a lesser sentence, though, if the circumstances of the case warrant it pursuant to s. 19 of the Criminal Code. See. Goli Golu V The State (1979) PNGLR 653
   
10. In considering what would be the appropriate sentence to impose on the prisoner. I took into consideration the following factors. This includes prisoners’ personal particulars, mitigating factors, aggravating factors.
    
11. Personal Particulars. The defendant is 36 years old and comes from Kohino Village, in the Peit Constituency, Buka Island. He is single. He completed his studies at Idubada Technical College Port Moresby some years back. He is just a villager living in the village.
    
12. Mitigating Factors

The prisoner pleaded guilty to the charge, which saves everyone’s time, he expresses genuine remorse and a first-time offender. The defendant was arrested and charge on the 10^th April, 2021 up until now he has been in custody awaiting the police hand up brief.

13. Aggravating Factors.

The offence committed is very serious where the victim sustains serious injuries on her back. This type of offence is prevalent in the community and the defendant has no respect to her mother.

14. Submission: The prosecutor has not provided the court with a written submission on sentence; however, he leaves it to the court for its own decision. The defendant on the other hand was not also represented by any lawyer so it was up to the court to decide on its own merit and circumstances.
    
15. Before considering the sentence, I ask the prisoner if he have anything to say. He replies that he is sorry for what happen. He asks the court for a good behaviour bond.
    
16. Yes, it is trite law that the maximum penalty is always reserve for the worst type of offence committed. I do not think this is the worst type of case that warrants a maximum sentence. However, violence against women has become a major concern in the community. Cases that come before the court are determined on their own merits and the circumstance on how the offence was committed.
    
17. The case on hand display how disrespectful the defendant was. The victim in this case is your very own mother. She was the one who take care of you since you were in her womb for 9 months, then take care of you since you were a small boy up to now when you are now grown-up adult. The worst thing you did was when you cut her, she felled to the ground crying with injuries you decided to ran away without helping her. That shows how this generation of today don’t respect their mothers and sisters for that matter.
    
18. According to the medical report by the doctor the victim sustained multiple bush knife wounds. The wound was grossly huge and required surgery to repair. An implant was inserted into the 4^th digit to correct the fracture. The report also indicates that she will loss 20% function of her left hand. Even though she will recover she will still have difficulty regaining full function in future.
    
19. The court hereby make the following orders;
    
    1. The Defendant Oswald Hataga is convicted and sentence to 18 months imprisonment. I will deduct 5 months which he spent in custody awaiting his case. He will only serve 13 months imprisonment.
       
20. Order Accordingly.