State v Paulus [2019] PGNC 470; N8353 (20 June 2019)

N8353

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR. 1079 OF 2018

THE STATE

v

KANAU PAULUS

Lorengau: Kirriwom J
2019: 17^th & 20^th June

CRIMINAL LAW – Sentence – GBH – Three years imprisonment - Wholly suspended with condition on probation – Criminal Code, s.319

Cases Cited:

Nil

Counsel:
L Maru, for the State
K Pokiton, for the prisoner

REASONS FOR SENTENCE

20^th June, 2019

1. KIRRIWOM J: The prisoner is a man in his late forties who only few months ago lost his wife to cancer. In his marriage to his wife they had eight children, three of whom are adults in their thirties and five are between 11 to 17 years. He comes from Liuliu village, Rambutso island, Manus Province. He is a member of the Evangelical church and comes for a very large family of 10 and he is the 6^th born.

2. The prisoner pleaded guilty to unlawfully doing grievous bodily harm to John Paulus one of his young brothers under section 319 of the Code, an offence that carries maximum penalty of seven years. It is alleged that the prisoner was not happy with his younger brother for chasing away his children who went to their aunt’s house to collect some mustard and questioned his brother who began to attack him with a bush knife. The victim who was little bit disabled was easily over powered by the prisoner who hit him with a piece of stick that fell him to the ground. The prisoner repeatedly struck him resulting in severe injuries to the body and his head. He suffered fractured ulna and had to be hospitalized in Lorengau General Hospital.

3. According to the Village Court Magistrate Berry Naya, the prisoner is a law-abiding person. This incident was a dispute in the family that could have been settled between themselves but they decided to take it to the law. Margaret Paulus, a sister of the prisoner was sorry for the victim and reported the prisoner to the police because of the way their big brother assaulted him and almost killed him. She felt sorry for the victim who was a person with disability and she looked after him and cared for him. However, she now feels sorry for the prisoner who has a large number of children to look after and his wife recently passed on thereby placing heavy burden on him alone as the father of five young children to manage. But she wants the prisoner to compensate his young brother with K500. Even the victim John Paulus does not want his brother to go to prison. He will accept compensation for his pain and suffering.

4. The prisoner wishes to pay compensation to his brother. In his statement on allocatus he blamed his late wife for creating friction and disharmony between him and his brothers. He was remorseful for what he did to his brother.

5. In his favour I consider his plea of guilty, first offender, willing to pay compensation to the victim, victim is his brother and they have reconciled, has a large number of children to raise without their mother who passed on few months before this trial.

6. In all the circumstances I sentence the prisoner to three years which is wholly suspended and I place the prisoner on probation on condition that he publicly apologises to his brother John Paulus and pays him compensation of K500, to be witnessed by government officials including Ms Nancy Poli, of the Community Based Corrections in Lorengau who will file a report with the Court. Compensation be paid within six months from today.

7. I order his bail of K300 be refunded to him forthwith.

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