State v Labiti [2014] PGNC 168; N5791 (23 August 2014)

N5791

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR NO 666 OF 2013

THE STATE

V

GEORGE LABITI

Kimbe: Cannings J
2014: 13, 22, 23 August

CRIMINAL LAW – sentence – grievous bodily harm – Criminal Code, Section 319 – guilty plea – offender stabbed victim with a bayonet on the thigh.

A man pleaded guilty to unlawfully doing grievous bodily harm to another man. The offender was angry with the victim and went to the victim's house and stabbed him on the thigh. This is the judgment on sentence.

Held:

(1) The maximum sentence for unlawfully doing grievous bodily harm to another person is seven years imprisonment. The starting point is three and a half years.

(2) Mitigating factors are: pleaded guilty; made early admissions to and cooperated with Police; offender's preparedness to reconcile; only one stab wound to the thigh; victim's wish to reconcile.

(3) Aggravating factors are: use of lethal weapon; the victim was unarmed; an element of planning was involved.

(4) A sentence of three years was imposed, the pre-sentence period in custody was deducted and the rest of the sentence was suspended subject to conditions including payment of compensation.

Cases cited

The following cases are cited in the judgment:

Saperus Yalibakut v The State (2006) SC890
The State v Justin Ipa (2008) N3439
The State v Ray Sheekiot (2011) N4454

SENTENCE

This was a judgment on sentence for grievous bodily harm.

Counsel

F K Popeu, for the State
D Kari, for the offender

23rd August, 2014

1. CANNINGS J: George Labiti pleaded guilty to unlawfully doing grievous bodily harm to Linus Tulu, and has been convicted of that offence under Section 319 of the Criminal Code. The incident occurred at Siki on 15 March 2013. The day before the offence was committed the offender and his relatives had argued with the victim. On 15 March 2013 the offender went to the victim's house, where the victim was sleeping as he was sick with malaria. The offender went into the house and questioned the victim as to whether he was the one who punched him the previous day. The victim replied no but the offender took no notice and stabbed him with a bayonet on his left thigh. He was rushed to Valuka and then to Kimbe General Hospital and was treated for the non-life threatening but very painful injury.

ANTECEDENTS

2. The offender has no prior convictions.

ALLOCUTUS

3. The offender was given the opportunity to say what matters the court should take into account when deciding on punishment. He said:

This was a problem in the family, which started as I was having a problem with my wife. I was injured in the fight so I took out my frustration on one of them. I have paid some compensation already and I want to sort this out with the victim. I ask for mercy and probation.

OTHER MATTERS OF FACT

4. As the offender has pleaded guilty he will be given the benefit of reasonable doubt on mitigating matters raised in the depositions, the allocutus or in submissions that are not contested by the prosecution (Saperus Yalibakut v The State (2006) SC890). I take into account that he made full admissions when interviewed by Police at Kimbe on 5 April 2013.

PRE-SENTENCE REPORT

5. The court was presented with a report prepared by the Kimbe office of the Community Based Corrections Service. George Labiti is 29 years old, from Siki, West New Britain Province, education to Grade 10. The attitude of the victim is favourable to the proposal for a non-custodial sentence. He wishes to reconcile with the offender.

SUBMISSIONS BY DEFENCE COUNSEL

6. Mr Kari highlighted the guilty plea and the preparedness of the offender and his family to compensate and reconcile with the victim. He submitted a sentence of three years, fully suspended, would be appropriate.

SUBMISSIONS BY THE STATE

7. Mr Popeu did not oppose the submissions of the defence.

DECISION MAKING PROCESS

8. To determine the appropriate penalty I will adopt the following decision making process:

• step 1: what is the maximum penalty?
• step 2: what is a proper starting point?
• step 3: what sentences have been imposed for equivalent offences?
• step 4: what is the head sentence?
• step 5: should the pre-sentence period in custody be deducted?
• step 6: should all or part of the sentence be suspended?
  

STEP 1: WHAT IS THE MAXIMUM PENALTY?

9. The maximum penalty under Section 319 (grievous bodily harm) is seven years imprisonment.

STEP 2: WHAT IS A PROPER STARTING POINT?

10. I will use the midpoint of three and a half years.

STEP 3: WHAT SENTENCES HAVE BEEN IMPOSED FOR EQUIVALENT OFFENCES?

11. Attacks of this nature, where the offender pleads guilty to a Section 319 grievous bodily harm offence, and there is an identifiable cause and where the offence can be described as a crime of passion, usually result in a sentence of three to five years imprisonment, depending on the circumstances. See, for example, the cases summarised in The State v Justin Ipa (2008) N3439.

STEP 4: WHAT IS THE HEAD SENTENCE?

12. Mitigating factors are:

• pleaded guilty;
• made early admissions to and cooperated with Police;
• offender's preparedness to reconcile;
• only one stab wound to the thigh;
• victim's wish to reconcile.
  

13. Aggravating factors are:

• use of lethal weapon;
• the victim was unarmed;
• an element of planning was involved.
  

14. Any grievous bodily harm case in which a knife is used is a very serious case, involving great distress to the victim as it puts them in a life threatening situation (The State v Ray Sheekiot (2011) N4454). However, I place great weight on the fact that the offender has made very early admissions and cooperated fully with the Police and the Court. He has pleaded guilty. Because of the strong mitigating factors I will in the special circumstances of this case impose a sentence lower than the starting point. I accept the defence counsel's submission and decide that the appropriate sentence is three years imprisonment.

STEP 5: SHOULD THE PRE-SENTENCE PERIOD IN CUSTODY BE DEDUCTED?

15. Yes. I decide under Section 3(2) of the Criminal Justice (Sentences) Act that there will be deducted from the term of imprisonment the whole of the pre-sentence period in custody, which is 10 months.

STEP 6: SHOULD ALL OR PART OF THE HEAD SENTENCE BE SUSPENDED?

16. Despite the violent nature of this crime, this is the sort of case in which a suspended sentence can be imposed as the victim wants to accept compensation and reconcile with the offender. I will suspend the balance of the sentence on the conditions that the offender:

1. must report to Probation Office within 72 hours after release from custody;
2. must within six months after date of sentence pay at least K2,500.00 cash compensation + 1 pig to the victim of the offence, and participate in a reconciliation ceremony, to be arranged through and supervised by the Probation Office;
3. must reside at Siki and nowhere else except with the written approval of the National Court;
4. must not leave West New Britain without the written approval of the National Court;
5. must perform at least three hours unpaid community work each week, to be arranged through the Probation Office;
6. must attend his Church every weekend for service and worship and assist the church in its community activities;
7. must report to the Probation Office at Kimbe on the first Monday of each month;
8. must not consume alcohol or drugs;
9. must keep the peace and be of good behaviour;
10. must have a satisfactory probation report submitted to the National Court Registry at Kimbe and appear before the Court for probation review every six months after the date of release from custody;
11. if the offender breaches any one or more of the above conditions, he shall be brought before the National Court to show cause why he should not be detained in custody to serve the rest of the sentence.
    

SENTENCE

17. George Labiti, having been convicted of one count of unlawfully doing grievous bodily harm contrary to Section 319 of the Criminal Code, is sentenced as follows:

Length of sentence imposed	3 years
Pre-sentence period to be deducted	10 months
Resultant length of sentence to be served	2 years, 2 months
Amount of sentence suspended	2 years, 2 months
Time to be served in custody	Nil, subject to compliance with conditions of suspended sentence

Sentenced accordingly.
___________________________________________________________
Public Prosecutor: Lawyer for the State
Public Solicitor: Lawyer for the offender