State v Pipi [2017] PGNC 398; N7204 (27 October 2017)

N7204

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR NO. 1211 OF 2017

THE STATE

V

STANLEY PIPI

Kerema: Koeget, AJ
2017 : 25^th, 27^th October.

CRIMINAL LAW - Indictable offence – section 322 of the Criminal Code Act – Maximum sentence – conviction on plea – Court’s discretionary powers under section 19 of the Criminal Code Act.

FACTS

On 25^th December, 2016 between 4 o’clock and 5 o’clock in the afternoon the accused was drunk when he kicked and damaged Keii George’s bamboo fence.

The victim confronted the accused and hit him with a flat side of the bush knife at his back. The accused’s father intervened and escorted the accused away.

The accused returned with some people and attacked the victim. The accused used the bush knife and slashed him at his back. The victim was admitted to the Kerema General Hospital where the wound was treated and it has healed up.

Counsel:

D. Mark, for the State
W. Dickson, for the Accused

27^th October, 2017

1. KOEGET, AJ: INTRODUCTION. The accused is charged with one count of Unlawful Wounding pursuant to section 322 of the Criminal Code Act chapter 262.
   
2. The accused pleaded guilty to the charge and he was convicted accordingly.
   

ISSUE

3. The issue for the Court’s determination is what is the appropriate sentence the Court should impose upon the prisoner.
   

LAW

4. “Section 323. Wounding and Similar Acts.
   
   • (1) A person who –
     • (a) Unlawfully wounds another person, is guilty of a misdemeanour.
       

Penalty: Imprisonment for a term not excluding three years”.

PERSONAL PARTICULARS

5. The prisoner was 22 years old at the time he committed the offence. He is a bachelor and is a first time youthful offender.
   
6. The prisoner completed grade 12 at Arai Miri Don Bosco Technical School and was selected to attend Don Bosco Technical Training College at Simbu in 2017 but did not go due to this case so remain in Kerema town to complete the case.
   

AGGRAVATING FACTORS

7. A bush knife was used to inflict the injury on the left shoulder of the victim. The victim was taken to the Kerema General Hospital where he received medical treatment and was discharged when injury healed up.
   

MITIGATING FACTORS

8. The prisoner is a youthful and first time offender. He cooperated with the police and pleaded guilty so saved valuable time of the court.
   
9. He expressed remorse and pleaded for mercy of court.
   
10. He has been in custody for 3 months and 3 weeks before release on bail of K300.00.
    

SENTENCE

11. The prisoner is a youthful first time offender. He is remorseful and wish to complete his education should he be given another chance.
    
12. He has been in custody for 3 months and 3 weeks before release on cash bail of K300.00.
    
13. He is sentenced to be imprisoned for one year in hard labour. The pre-trial custodial period is deducted and the balance of 8 months 1 week is wholly suspended on conditions that the prisoner enters into recognisance and promise to keep peace and be on Good Behaviour Bond for period of 8 months and 1 week.
    

ORDER

14. The prisoner’s cash bail of K300.00 is refunded to him.
    

Public Prosecutor: Lawyer for the State
Public Solicitor: Lawyer for the Accused