State v James [2018] PGNC 573; N7750 (10 December 2018)

N7750

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR No. 1345 OF 2018

THE STATE

V

HORRIS JAMES

Daru: Koeget, J
2018 : 06^th & 10^th December

CRIMINAL LAW - Indictable offence – Grievous Bodily Harm under section 319 of the Criminal Code Act chapter 262 – sentence on a guilty plea – a deterrent sentence imposed.

Facts

On the morning of 2^nd September, 2018 between three o’clock and 3:30 o’clock the accused whilst under influence of alcohol was shouting abusive words to the victim, James Awage and others.

The victim’s father went and told the accused to stop shouting abusive language to the victim and others. An argument ensured between the accused and the victim’s father.

The accused swung a bush knife he carried at the victim’s father and caused a small cut on the left chin as a result the others intervened and chased the accused. The accused ran into the dark and the victim followed and swung a piece of timber at the accused. The accused retaliated by swinging the bush knife he carried and it struck the four fingers of the victim’s left hand and completely severed them.

The State alleged the accused had no lawful exercise to use the bush knife to inflict injury on the victim.

Counsel:

D. Mark, for the State
Boski Koke, for the Accused

10^th December, 2018

1. KOEGET J: INTRODUCTION: The accused is charged with one count of Grievous Bodily Harm pursuant to section 319 of the Criminal Code Act chapter 262.

ARRAIGNMENT

2. The accused pleaded guilty to the charge and was convicted accordingly. The accused’s guilty plea was confirmed when I perused the Record of Interview and the answers to the questions contained admissions.

ISSUE

3. The issue for determination by the court is what is the appropriate sentence court should impose upon the prisoner.

LAW

4. “ Section 319. Grievous Bodily Harm.

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 25 years of age and is married with one child. He resides at Parama No. 3 Corner with his family. He attended Badihagwa Secondary High school and completed grade 10 in 2010. He is unemployed.

AGGRAVATING FACTORS

6. The offence is alcohol related and is prevalent in the country. A weapon was used to commit the offence and the victim suffers permanent loss of four fingers of his left hand.

MITIGATING FACTORS

7. The prisoner cooperated well with the police and admitted commission of the offence to the police in the record of interview.

8. He is a first time offender. He pleaded guilty to the charge in court and saved valuable time. He has been in custody for 4 months.

SENTENCE

9. The counsel for the prisoner referred me to previous decided cases, particularly cases I dealt with previously and imposed varying sentences. He submitted I should impose the similar type of sentence upon his client. He submitted that the prisoner carried the bush knife because of an incident that happened earlier that night involving himself and the victim and others.

10. If an earlier incident happened, no one was injured and the victim and others retired to their houses, there was no valid reason for the prisoner to arm himself with a bush knife and shouted abuses and insults to the victim and others. The prisoner’s abuses and insults to the victim and others caused them to react and confrontation ensued resulting in the victim sustaining the loss of four fingers of his left hand.

11. This factor alone is considered to be very serious in this case in my view. So a severe deterrent sentence is to be imposed in this case.

12. So the sentence of the court is that the prisoner is sentenced to 7 years in hard labour. The pre-trial custodial period of 4 months is deducted and the balance of 6 years and 8 months are to be served at Daru Corrective Institution Services.
____________________________________________________________
Public Prosecutor: Lawyer for State
Public Solicitor: Lawyer of Accused