State v Kurufher [2008] PGNC 60; N3364 (25 April 2008)

N3364

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR 446 OF 2007

THE STATE

V

FRANCIS KURUFHER
Offender

Wewak: Davani .J
2008: 23, 25 April

CRIMINAL LAW – guilty plea to Grievous Bodily Harm – victim struck in the back with a coconut palm frond – sustained a broken rib – de facto provocation – s. 319 of Criminal Code Act.

CRIMINAL LAW – Sentence – first offence – 3 years – wholly suspended on terms.

Facts

The offender hit a young man in the back, using a coconut palm frond. This was after the young man had made some lewd comments at the offender’s wife. The offender was incensed by this and angry because the victim was his nephew. When the offender hit the victim, the force of the blow was very excessive, resulting in the victim sustaining a broken rib.

Held

On presentation of a Pre-Sentence Report and Means Assessment Report, the offender was sentenced to 3 years, which was wholly suspended on terms after he entered into a Recognizance.

Cases cited:

The State v Tamumei Lawrence (2007) N3117;

Counsel:

L. Rangan, for the State
M. Mwawesi and F. Kirriwom, for the Offender

SENTENCE

25 April, 2008

1. DAVANI .J: On 23rd Apr008 2this courtcourt entered a guilty plea against the offender in relation to one (1) count of Grievous Bodily Harm (‘GBH’), charge laid under s. 319 of the Criminal Code Act. (‘CCA’).

Evidence

2. The State’s allegations that the offender pleaded guilty to were that on 10th September, 2006, at Wewak, he hit a young man, his nephew, once in the back, using a coconut frond branch. This was resu some comments made byde by the the youngyoung man to the offender’s wife, the victim’s aunt.

3. &#1e maximum term for this this offence is 7 years. Sentence has ranged over the years depending on the circumstances of the case. is cahe ofr strhe victim once. But the blow was of such magnitude that the vthe victimictim sust sustainedained a fractured rib.

Mitigating and aggravating factors

4. ҈&On allocallocatus, tus, the offender spoke at length about his life and the community activities he is involved in. He also expressed his remorse, the fact that this is his first time to to thional Court and tand that hhat he does not wish to face this Court again.

5. &ـHe told told the Cohe Court that he is extensively involved in community activities which includes rehabilitation programmes for prisoners and for domestolenctims. He also cares for 17 orphans, 2 of whom arem are disa disabled.

6. ـ&#1 askedasked for afor a lenient, non-custodial sentence.

Analysis of evidence and the law

7. ـ I afor afor asentence Report (‘PSR’) and a Means Aans Assessssessment Report (‘MAR’) to assist me in determining sentence.ursuiese rs, I note the PSR speaks favourably fory for a suspended sentence. The MAR statestates the the offender’s means and ability to pay compensation.

8. F ist,ela ron ti sentence, nce, I had recourse to the under-mentioned case;

i. The State v Tamumei Lawrence (2007) N3117 per Lay .J.

• Guilty plea towhereprisonflicted serious ious injurinjuries ties to the victim’s arm when he struck him with a knife. The knife cut through the bone in the left arm and cut into the right upper chest, right fore arm and elbow joint.

• Sentence of 6 years in hard labour.

9. ;&#16this case, ase, the inhe injuries sustained by the victim are not that serious. There was also an element of de facto provocation involved. However, the fact that the victim sustained a broken rib meant that the force applied by the offender was quite excessive.

Orders

11. N the accused’s allocallocatus together with his remorse, this court will sentence the prisoner to 3 years to be wholly suspended upon his entering into a nizan do tllowip>

1. That he will bell be of g of good bood behaviehaviour for the duration of the sentence;

2. His work with prisoners will also involve Wewak Boys town with a view to teaching useful trade skills to the offenders there;

3. Within 3 months from today, on or before 25th July, 2008, at Kreer village, the offender shall pay compensation of K2,000 and a pig to the victim and the victim shall also publicly apologize to the offender;

4. The Community Corrections Officer and the village elders shall supervise this exchange;

5. Thereafter, the Community Corrections Officer shall file a report, with copies to the lawyers;

6. The matter shall be mentioned before the circuit Judge after July, 2008;

7. In the event, the offender fails to comply, the recognizance shall immediately be forfeited and the offender shall serve the remainder of the term, incarcerated at Boram.

12. Finalail bnd surety monies nies shall be refunded upon production of the receipts.

____________________________________

Public Prosecutor: Lafor tate
Public Solicitor: Lawyer for the Prisoner /p>