Police v Okapia [2021] PGDC 219; DC7076 (17 November 2021)

DC7076

PAPUA NEW GUINEA.

[IN THE DISTRICT COURTS OF JUSTICE

SITTING IN ITS SUMMARY JURISDICTION]
SUM NO: 101/2021.

In the matter of Sentence of the Defendant after Plea.

IN THE MATTER BETWEEN:

POLICE/STATE

Informant (s).

GUNTHA OKAPIA.
Defendant.
.

Popondetta: Michael W. Apie’e

2021: November 17^th.

CRIMINAL LAW. Sentencing upon plea/mitigation 4 counts of assault contrary to section 6(3) of the Summary offences Act on 4 different victims three of which were juveniles and one young pregnant woman, and also 1 count of insulting words contrary to Section7(b) of the Summary offences Act

Cases Cited:

References:

Representation;
Defendant in person.
Senior Sergeant Waimona for the Police/State.

RULING ON SENTENCE.

Background.

1. The Defendant came before me from total Police bail of K900.00 on Thursday the 30/09/21 and was arraigned on Four Counts of Assault contrary to section 6 (3) and One count of Insulting Language contrary to Section 7(b) of the Summary Offences Act he was charged with by Police.
2. It is alleged by Police that on the 22/09/21 between 9.30pm and 10.00am the Defendant at the Popondetta BSP ATM Kiosk met the Victims and accosted and assaulted them as follows;
   
   1. He saw the Victims who were with their mother and sister and being drunk into a stupor firstly scolded the children saying ‘Em haus blo papa blu yupela?’
      
   2. Then he kicked 12 years old Anjeka on her back and she was flung away to the side.
      
   3. He then kicked 11 years old Joycelyn twice on her buttocks and then again on her back.
      
   4. Then he kicked 14 years old Freddy on his back and when he stood up try and escape the Defendant also slapped him on the back of his head.
      
   5. He then moved over to 4 months Pregnant Lulu (22 years old) and as she was trying to stand up, he punched her on her left eye and she almost went unconscious.
      
   6. At this time, the mother of the younger children Mrs. Wendy Tasman enquired of the Defendant ‘Oi olsem wanem, ol pikinini kam wantem mi ya?’ to which the Defendant replied ‘Kan asshole, yu pipia meri laik bekim maus blo mi?’
      
   7. He then kicked a Rubbish box toward Mrs. Tasman causing the rubbish and bettlenut spittle to land on her and cover her causing her great shame and humiliation.
      
   8. Then he went away and Victim mother and children went away and report to Police and the Defendant was later apprehended and brought in.
      

Mitigation.

3. The Defendant plead guilty to all the Charges laid against him and so his plea and mitigation was processed.
   
4. After he pleaded guilty he expressed remorse and said he wanted to say sorry to the Family.
   
5. Also it was made known to the Court that the Defendant was a serving member of the Correctional Services of Papua New Guinea and was a married man with children of his own.
   
6. He was also a first Offender with no priors.
   
7. At this juncture upon first impressions the Defendant was Remanded into custody for Sentencing on Monday the 04/10/21 given the wanton and senseless nature of the offences indicative of the Courts design at the time.
   

Pre-Sentence Report.

8. However, having considered the matter over the course of 4 days from Thursday 30/09/21 to Monday 04/10/21, at the mention of this matter on Monday the Court further Adjourned Sentencing to 01/11/21 and requested Probations Officer Ms. Robyn Surute to prepare a Pre-Sentence Report to assist the Court in determining a fair sentence for the Defendant.
   
9. The Defendant was released from custody to his reinstated bail of K900.00.
   
10. The Pre-Sentence Report was prepared and filed in Court on the 01/11/21, but due to my duty travel to the NCD, the matter returned on Monday 08/11/21 and further to 12/11/21.
    
11. On Monday the 08/11/21 the court is informed that the Victims refused to accept the Settlement detailed in the PSR and offered by the Defendant on Sunday the 24/10/21 and so the matter was adjourned to 12/11/21 for the Prosecution to obtain further instructions on the matter from the Victims.
    
12. On the 12/11/21, the victims spoke-woman Mrs. Tasman attended court and indicated that they would rather have the court specify the settlement details as proposed in the Presentence report before they could accept the settlement.
    

Assessment.

13. The Court note the following;
    
    1. Defendant is a Serving member of the Correctional Services, therefore is supposed to be a Discipline person both in his professional life and also in his private life, however on the 22/09/21 he was more of a drunk hooligan acting like a terrorist against weak youngsters and women with no one to defend them.
       
    2. He would not have been so lucky and gotten away with this if this was in a different part of the country or if the right people were there when he did that-He would also have being a victim himself!
       
    3. The Courts first impression was that the Defendant deserved to be sent to jail for his actions, but since the Prosecutor Senior Constable Konte opined that PSR be requested, we are following this lane of Compensation and Non-Custodial Sentencing, instead of my first intention.
       
    4. The Penalty Provisions of the Summary Offences Act as Amended in 2018 are as follows;
       
       1. For Assaults the Penalty Provisions is amended from K500.00 fine or 24 months/2 year’s imprisonment to K3000.00 fine or 12 month’s imprisonment.
          
       2. Insulting Language under Section 7(b) in it penalty is amended from Fine of K300.00 or 12 month’s imprisonment to K4000.00 fine or 24months/2 year’s imprisonment in hard labour.
          
    5. I am satisfied with Mrs. Wendy Tasman’s attendance in Court and statement that they accept the Defendants offer but only want the Court issues the Orders to Formalize the settlement to be reached between them and the Defendant.
       
14. That being the case, For Sentencing Purposes, the Court Rules and Orders as follows that;

SENTENCE.

1. For the Assault on 12 years old Anjeka Aisoli, the Defendant is Sentenced to 12 months Imprisonment in hard Labour at Biru Goal in Popondetta in the Northern Province.
   
2. For the Assault on 11 years old Joycelyn Tasman, the Defendant is sentence to 12 months Imprisonment in Hard Labour at Biru Goal in Popondetta, Northern Province.
   
3. For the Assault on 14 years old Freddy Lax, the Defendant is sentence to 12 months Imprisonment in Hard Labour at Biru Goal in Popondetta, Northern Province.
   
4. For the Assault on 22 years old Lulu Sevese, the Defendant is sentence to 12 months Imprisonment in Hard Labour at Biru Goal in Popondetta, Northern Province.
   
5. For the Insulting Language the defendant leveled at Wendy Tasman Aggravated by actual assault with the box full of rubbish kicked onto her and covering her with ‘Buai Spittle’ the Defendant is further sentenced to 18 months Imprisonment in hard Labour a Biru CS Goal in Popondetta, Northern Province.
   
6. All the Sentence are to Run Concurrently thereby making a total sentence of 18 months in hard Land total for all the Counts he is convicted with.
   
7. Out of the total of 18 months Imprisonment allotted to the Defendant, 9 months is deducted for the Plea and Mitigation offered noted in Paragraphs 3, 4,5 and 6 above.
   
8. The remaining 9 months will be further suspended and the Defendant placed on good behavior bond on his own recognizance for 12 months until the 17/11/22, on the following Conditions;
   
   1. The Defendant is ordered to pay Compensation in the sum of K500.00 to each of his 5 victims totaling K2,500.00 within 7 days by no later than Wednesday the 24/11/21.
      
   2. The Defendant is also further Ordered to give the K1500.00 in Garden Foods and K1500.00 worth Pig he informally offered to his victims previously by no later than Wednesday the 24/11/21.
      
9. In default of these Conditions, Warrant of Commitment will be raised for the Defendants Immediate Imprisonment for the Balance of 9 months in hard Labour.
   

Police Prosecutions for the State.
Defendant in Person.