State v Sakna [2022] PGNC 258; N9716 (10 May 2022)

N9716

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR NO. 1367 OF 2019

BETWEEN:
THE STATE

AND:
NAPOLEAN SAKNA

Wewak: Rei, AJ
2022: 6^th & 10^th May

CRIMINAL LAW – Practice and Procedure – plea of guilty – grievous bodily harm – 2 years imprisonment – sentence suspended with conditions.

Cases Cited:

Goli Golu -v- The State [1979] PNGLR 653
Ahia Aihi -v- The State (No.3) [1982] PNGLR 62
Ure Hane -v- The State [1984] PNGLR 105
The State -v- Alibina Sinowi [2001] PGNC 35; N2175
The State -v- Max Oa (No.2) [2002] PGNC 257; N9385
The State -v- Fredinand Naka Penge [2002] PGNC 90; N2244

Legislation:

Section 340 (1) (a) of the Criminal Code
Section 19 of the Criminal Code

Counsel:

Mr. Lukara Rangan, for the State
Mr. Alex Kana, for the Defence

10^th May, 2022

1. REI AJ: Indictment was presented in Court on the 7^th of May 2022 in which the accused Napolean Sakna was charged that he, on the 7^th day of July 2018 at Kreer Village, East Sepik Province, Papua New Guinea unlawfully assaulted Daniel Simigu thereby contravening Section 340(1) of the Criminal Code.
   
2. The State alleges that between 6:30 pm and 9:00 pm on the 7^th of July 2018, the accused was at the house belonging to a Augustine Kabai where a family gathering took place.
   
3. The complainant Daniel Simigu also attended whose vehicle registration WAE.406 was parked in the premises of Augustine Kabai. Amongst the attendee was a woman, Namoi Momo, who claims that her father was killed in an accident involving the vehicle driven by Daniel Simigu.
   
4. Namoi Momo became angry upon seeing the vehicle registration no. WAE.406 parked in the premises of the host: Augustine Kabai and demanded that the vehicle be removed from the premises. Other relatives of Namoi Momo took part and a commotion erupted.
   
5. It was during that altercation that the accused Napolean Sakna cut the complainant on the right side of his forehead causing grievous bodily harm with a bush knife.
   

PLEA

6. The charge of causing grievous bodily harm laid under Section 340(1) of the Criminal Code and the facts related thereto were read to the accused and asked to enter a plea.
   
7. The accused entered a plea of guilty.
   
8. Mr. Kana submitted that the plea was consistent with his instructions and a provisional guilty plea was entered.
   
9. The committal file was tendered by Mr. Rangan.
   
10. Upon perusal of the file, the plea of guilty was confirmed.
    
11. The accused was therefore found guilty of the charge as laid in that he caused grievous bodily harm to Daniel Simigu with the use of a bush knife on the 7^th of July 2018 contravening Section 340(1) of the Criminal Code.
    

ANTECEDENTS

12. No prior convictions.
    

ALLOCUTUS

13. The prisoner in his allocutus said sorry to the victim Daniel Simigu, to the Court for taking its time and to his family for bringing shame to them.
    
14. He also stated that the relatives of the victim took revenge by burning down his family house and looting other belongings.
    

MITIGATING FACTORS

15. The mitigating factors are that the prisoner entered early plea thus saving time and costs, youthful age, genuine remorse and co-operated with the Police.
    

AGGRAVATING FACTORS

16. Dangerous weapon in the form of a bush knife was used and was in the company of others.
    

PRE-SENTENCE REPORT (‘’PSR”)

17. Mr. Kana requested for a PSR which was filed on 6^th May 2022.
    

DECISION ON SENTENCE

18. Section 340 (1) of the Criminal Code provides that “(A) person who unlawfully assaults another and by doing so does him bodily harm is guilty of a misdemeanour” a penalty for which is an imprisonment for a term not exceeding three years.
    
19. In considering sentences in any case, the Court must be reminded that the maximum sentence be reserved for the worst case – Goli Golu -v- The State [1979] PNGLR 653, Avia Aihi -v- The State (No.3) [1982] PNGLR 62 and Ure Hane -v- The State [1984] PNGLR 105.
    
20. In considering the circumstances involving the commission of this crime and considering the range of sentences in cases referred to me by Mr Kana of The State -v- Alibina Sinowi [2001] PGNC 35; N2175 (Wewak), The State -v- Max Oa (No.2) [2021] PGNC 257; N9385 (Waigani) and The State -v- Fredinand Naka Penge [2002] PGNC 90; N2244 (Wewak) in which sentences range from 6 months to 2-5 years, a sentence of 2 IHL is imposed which sentence is suspended pursuant to Section 19 of the Criminal Code with the following conditions:
    
    • the prisoner pays a fine of K1,000.00 forthwith which is to be paid from bail monies;
    • the prisoner shall be of good behaviour bond for the whole term of suspended sentence;
    • prisoner shall perform community work each Wednesday for 2 years to be supervised by Probation Officer;
    • guarantors monies of K300 be refunded; and
    • failing any of the conditions herein, he shall be brought to Court to be sentenced accordingly.
      

_______________________________________________________________
Public Prosecutor: Lawyer for the State
Public Solicitor: Lawyer for the Defendants