State v Tataki [2017] PGNC 272; N6773 (21 April 2017)

N6773

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR NO. 386 OF 2015

BETWEEN:

THE STATE
-V-

JENNY TATAKI
Defendant

Kundiawa: Liosi, AJ

2017: 22^nd February & 21^st April

CRIMINAL LAW – Sentence –Unlawful wounding – S.322 (1) (a) Criminal Code – Victim adult male – Domestic dispute – Knife wound to victim’s left groin/thigh – Victim fully recovered – Sentence of 6 months wholly suspended on conditions.

Cases Cited:

State -v- Ako [2013] N5405

Counsel:

C. Kos, for the State
M. Yawip, for the Offender

SENTENCE

21^st April, 2017

1. LIOSI AJ: On 22^nd February 2017, I convicted the prisoner on 1 count of unlawful wounding after she pleaded guilty to the crime.

Brief statement of facts

2. The offender and the victim developed a de facto relationship and were living together for some time at Malaria Nursing Quarters in Kundiawa. On the 19^th of May 2004 at about 12 am–1:00 am in the early hours of the morning the victim came home drunk. The offender accused her partner of drinking and womanising after work and coming home late. An argument ultimately ensued which subsequently led to a fight. In the process of the fighting, the accused grabbed a kitchen knife in the living room and stabbed the victim once on his left groin/thigh. He was taken to the hospital in the night and was subsequently admitted. The victim fully recovered and was released from the hospital a week later.

State further alleges that what she did was wrong and contrary to Section 322 (1) (a) of the Criminal Code.

3. The law pursuant to S.322 (1) (a) of the Criminal Code states:

322. Wounding and Similar Acts

“(1) A person who –

(a) Unlawfully wounds another person; or
(b) ............
is guilty of a misdemeanour.”

Penalty: “Imprisonment for a term not exceeding 3 years.”

4. I will now have to determine the penalty the Court should impose on you. Should I impose the maximum penalty of 3 years for the offence or should I impose a lesser penalty.

5. For this to be done. I will need to consider several matters. They include your personal particulars, your allocatus, submissions by your lawyer, circumstances under which you committed the offence, mitigating and aggravating factors, and the purpose of sentencing and comparable judgments by other Judges.

6. On allocatus you said you are sorry to the Court for the offence. You had been living with the victim Bill Ninkama for 5 years as being married. You have no children and no bride price payment had been made. You feed him, clothe him and shelter him. Bill is an alcoholic and most times he comes home drunk, gets very aggressive and fights without good reasons. On 19^th May 2014, at around 12-1:00 am as usual he got drunk and came home. You were sleeping in the room when he came and knocked on the main door. The girls opened the door for him. He came to your room and you opened the door for him and went back to sleep. He then began to question you about his sim card. You advised him that his sim card was in the room. He then asked you for your mobile phone as he wanted to use the mobile phone torch to go to the toilet although power was on. You gave him the phone. He then came back and asked you whether you had received any missed calls, text messages etc.? You told him there was none and in any event who would call you. He then said ok you don’t need a phone. He then broke your sim card and smashed your phone whilst saying “your boyfriends continue to hide and text and you delete them fast”. You told him it was of no use as he had already smashed your phone. He then started punching you while you were still in bed. You opened the door to come out but he pulled you away and kept punching you. You managed to run out to the big room grabbed a kitchen knife for your protection and ran out of the main door and onto the veranda. Whilst you were trying to wear your slippers, he came from the back and grabbed you by your hair extension and pulled you forward to punch you. During the struggle you say the knife accidently stabbed him. He then exclaimed “knife sutim me” You got scarred and ran to Tony Nul the victim’s adopted father. After the stabbing, the governor’s driver who works with him was called who took him to the hospital. In the morning you went and paid K100.00 fee for domestic violence after hours for his treatment. He was admitted for two (2) days on Saturday and Sunday and got discharged on Monday without any disabilities. You took care of him during his admission at the hospital. The injuries were minor and not what is described in the medical report. You said the doctor who did the report did not attend to him. Other doctors did. You are a trained nurse and you studied Anatomy and Physiology. You said this doctor is from the same tribe and is accusing you. It’s all hearsay and nepotism. You said you are sorry for the crime and you had no intention of stabbing him and you want to be put on probation.

7. You are a 29 years old nursing sister at Kundiawa General Hospital. You are currently the surgical theatre assistant nurse. You are from Madang and your father is from Chimbu but you were raised in Mount Hagen. You completed primary school at Hagen Primary School then completed your secondary school at Hagen Park High School. In 2003 you attended St Gerald Nursing School at Kairuku. You then got employed at Port Moresby General Hospital before coming to Kundiawa Hospital. You currently reside at Malaria nursing quarters in Kundiawa.

8. You come from a family of 14 of seven (7) brothers and seven (7) sisters. After your arrest you spent 10 days in custody. You are on K1, 000.00 bail with K250.00 each paid by the guarantors totalling K1, 500.00.

9. Your counsel submits that given the lack of a complete medical report this must support your evidence that the injuries suffered were not serious. The incident was a result of constant alcohol abuse by the victim. From your allocatus and interview you were provoked in a de facto cause. You however paid for the victims medical fees and cared for him whilst he was hospitalised.

10. By way of comparison your counsel has referred me to the case of State -v- Ako [2013] PGNC 231, N5405. In this case the offender drove to the victim’s house and bumped the gate open. She then went in and broke the victim’s bedroom door and fought with the victim. In the course of the fight the prisoner stabbed the victim with a small knife to his left thigh which hospitalised him. The prisoner was sentenced to 2 years which was wholly suspended on conditions.

11. The State submits that it concedes to the defence submissions. However, the fact remains that the use of kitchen knife is prevalent. This case is very similar to Maria Ako.

12. Having considered the submissions and the above case, I consider the case of Maria Ako to be more serious than your case. In the circumstances, I sentence you to 6 months imprisonment in hard labour. I wholly suspend the sentence on the condition that you pay a fine of K1, 000.00. I further order that your bail money of K1, 000.00 is to be converted to the fine and you are to enter into your own recognizance to be of Good Behaviour for a period of 6 months.

Ordered accordingly,
________________________________________________________________
Public Prosecutor: Lawyer for the State
Public Solicitor: Lawyer for the Offender