N6491

PAPUA NEW GUINEA
    [IN THE NATIONAL COURT OF JUSTICE]
	
				CR No. 1396 of 2015

							 			
THE STATE 

V 

   	   IVAN AMOS ROGER

				Kerema:  Koeget, AJ
				2016	:  23rd, 26th & 27th September 

CRIMINAL LAW- Sentence – pleaded guilty to Grievous Bodily Harm under section 319 of Criminal Code Act – first time youthful offender – wholly suspension of sentence on condition prisoner enters into recognisance and promise to keep peace and be on Good Behaviour Bond for 3 years under section 19 (1) (d) (i) of the Criminal Code Act.
	
Facts	

On 10th January 2015 between 12 midnight and 10 am, the accused Ivan Amos Roger was drunk and behaving disorderly in front of Jin Hui Trading in Kerema town.  He was asked by the owner of the shop to leave but he reacted and punched the owner in the face.  The owner of the shop retaliated and punched the accused causing him to fall down to the ground.

The accused left and shortly thereafter returned with a sharpened mangrove stick.  He threw the sharp mangrove stick at the shop owner and it struck him on the chest.  The victim sustained penetrating wound to the chest and was admitted to the Kerema General Hospital for 2 weeks.  He was discharged from the hospital after full recovery from the injury.  The accused had no valid reasons to assault the victim that day.  

Held:

(1)	The penalty for such an offence under section 319 of the Criminal Code Act is imprisonment term not exceeding 7 years.

(2)	The imposition of maximum sentence is inappropriate in the circumstances of the case.

(3)	In the exercise of the court’s sentencing discretionary powers under section 19 (1) (d) (i) of the Criminal Code Act, the sentence is wholly suspended on condition the prisoner enters into recognisance and promise to keep peace and be on Good Behaviour Bond for a period of 3 years.

(4)	Should the prisoner breach any of the conditions he shall be brought back to court to be dealt with for the suspended portion of the sentence.

Cases Cited:	
	
The State –v- Neiwai Dua [2013] PGC 8;N4957 
The State –v- Ota Api [2016] N6400

Counsel:	

D. Mark, for the State
B. Popeu, for the Accused

	SENTENCE
27th September, 2016	
	
INTRODUCTION

1.      KOEGET J:  The accused pleaded guilty to one count of grievous bodily harm.  The charge is brought under section 319 of the Criminal Code Act. 

ARRAIGNMENT

2.  “I plead guilty to the charge.”

ISSUE:

3.    The only issue for the Court to consider is what is the appropriate sentence the Court should impose upon the prisoner.

LAW:

4.   Section 319 Criminal Code Act.

“A person who unlawfully does grievous bodily harm to another person is guilty of a crime.

Penalty: Imprisonment for a term not exceeding seven years.”

PERSONAL PARTICULARS:

5.    The prisoner is 22 years old and is a bachelor.  His parents are still alive and reside in Kerema town.    He is attending Kikori Secondary School and is in Grade 11 this year. If he is sentenced to jail, it will destroy any chance he has in future for better education and employment in the future.

MITIGATING FACTORS:
	
6.   The prisoner is a first time and a youthful offender.
-	The prisoner pleaded guilty to the charge and saved valuable time of court particularly when the court has only few days left in this month’s circuit to Kerema.

-	He admitted the commission of the offence to the police and subsequently to this court when he pleaded guilty after arraignment.  He is remorseful and apologise for his own stupidity.

-	The victim has fully recovered from injury sustained.

AGGRAVATING FACTORS:	
7.    The prisoner provoked the victim when he punched the victim in the face with folded fist.  The victim retaliated and punched the prisoner down to the ground. 

-	The prisoner’s use of sharp pointed stick to inflict the injury on the victim was not warranted.

-	The injury sustained by victim was a penetrating wound requiring admission to Kerema General Hospital. The victim has fully recovered from the injury.  

-	The prisoner escaped from custody and was at large for 1 year 6 months.  He was arrested on bench warrant and the State has incurred expenses when policemen were dispatched to Kikori to apprehend him and bring him to Kerema town for the hearing of his case by the court. He was remanded in custody at Kerema Police station cells.  He appears from custody.

-	This is not the worst category of Grievous Bodily Harm case so imposition of maximum sentence is inappropriate.
	
CONSISTENCY IN SENTENCING:

8.    Early this year in Kerema town I sentenced a person to be imprisoned for 3 years in hard labour.  The sentence was wholly suspended (see The State –v- Ota Api [2016] N6400) on condition of prisoner entering into recognisance and promise to be on Good Behaviour Bond for 3 years.

SENTENCE:

9.    The prisoner is sentenced to be imprisoned for a period of 3 years in hard labour.  Pursuant to section 19(1) (d)(i) of the Criminal Code Act, the sentence of 3 years is wholly suspended and the prisoner enters into recognisance and promise to keep peace and be on Good Behaviour Bond for a period of 3 years.

Should the prisoner breach this condition, he shall be brought to back court to be dealt with for the suspended portion of the sentence.

___________________________________________________________
Public Prosecutor:   Lawyers for the State		
Public Solicitor:      Lawyers for the Defence