State v Kiap [2003] PGNC 54; N2452 (19 March 2003)

N2452

PAPUA NEW GUINEA

[IN THE NATIONAL COURT OF JUSTICE]

CR 81 of 2003

THE STATE

-V-

AMOS KIAP

Mt. Hagen: Jalina J
2003: 11, 12 & and 19th March.

Counsel:
J. Be’soer for the State
P. Kumo for the Prisoner

19 March 2003

SENTENCE

JALINA J: You have pleaded guilty to a charge that you unlawfully did grievous bodily harm to one Anna Ropa in Mt. Hagen on 1st October 2002. It carries a penalty of 7 years imprisonment under s 319 of the Criminal Code Act.

Facts put to the Court by the State Prosecutor for purposes of arraignment show that as the victim was proceeding towards Supa Value Store after finishing work at the Bank of South Pacific where she was employed, you met her at the area where the Provincial Government building used to be, and attacked her suddenly from her back with a sharp object twice which caused deep cuts to her head and she fell to the ground unconscious. You escaped after attacking her.

She was then rushed to the Mt. Hagen General Hospital.

The Medical Report shows that she sustained multiple wounds to her head from stone and knife and that she lost about 200 mls of blood. Those wounds have now healed.

Evidence through the victim’s long statement shows that you have a long history of violence towards her and members of her immediate family. It commenced soon after your marriage at the Assemblies of God (AOG) Church in 1990. You have been a regular visitor to the Village Court and the continuous order from the Village Court for payment of compensation to the victim and her relatives for your repeated assaults which were sometimes very serious were of no deterrence to you. Your brutal attacks on the victim resulted in her packing up and leaving the marital home with the 3 children in fear of her life. She bore you 3 children but that did not matter to you.

You have indicated to the Court of your willingness for her to return to you but she has appeared in this Court and stated that she does not wish to return in fear of her life as well as the fact that you had started living with another woman after she left the marital home.

Your lawyer Mr. Kumo has pleaded for leniency because of your plea of guilty, your lack of prior convictions and your expression of remorse. He has also indicated that your then employer Best Buy Stores has written to him expressing its willing to re-employ you.

In considering the sentence I should impose on you I note that you are a violent person and a danger to the victim so I just cannot let you leave this Court without imposing some form of sentence on you to deter you from your violent conduct.

Your behaviour seems to reflect the conduct of a lot of husbands these days. They seem to think that the fact of marriage and payment of bride-price gives them the right to assault their wives in any manner or form. But the days when such conduct were considered acceptable have long gone in Papua New Guinea. We now live in the 21st Century where our wives let alone women generally are to be considered as fellow human beings and also treated with respect and dignity so that they can make an effective and meaningful contribution as partners in developing our country where the family should become the foundation upon which our society can be built.

In all the circumstances of this case and taking into account the mitigating factors your lawyer has put to me as well as the long history of your violent behaviour towards the victim and her relatives which I consider as aggravating factors, the sentence I consider appropriate from the 7 years Parliament has prescribed under s 319 of the Criminal Code is a period of 6 years imprisonment in hard labour.

I deduct from that sentence the 4 months and 3 weeks you have spent in custody which leaves 5 years 7 months and 1 week, in hard labour.

I note for purposes of Criminal Law (Compensation) Act that no compensation has been paid for the latest assault the subject of the charge. I also consider for purposes of the Criminal Law (Compensation) Act that my immediate incarceration of you would result in the victim not receiving any redress at all for the pain she has suffered over 10 years and at times almost lost her life if not for divine intervention. So I have decided to suspend the whole of the 5 years 7 months and 1 week and release you on probation on the following conditions:

1. That you pay K1,000.00 compensation to Anna Ropa no later than 19th September 2003. Such payment shall be made either in a single payment or at the rate of K200.00 per month to an account to be specified by the victim (Anna Ropa).
   
2. That you shall be of good behaviour for the duration of your probation of 5 years 7 months and 1 week.
   
3. That you shall not go near her, her place of employment or her place of residence for the duration of your probation.
   
4. That you or your relatives, servants, agents and friends shall not assault, use offensive language against the victim and or her relatives or in any way interfere wither or her relatives for the duration of your probation.

________________________________________________________________________
Lawyer for the State: Public Prosecutor
Lawyer for the Prisoner: Public Solicitor