State v Waiyu [2022] PGNC 288; N9707 (11 April 2022)

N9707

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR NO. 100 OF 2022

BETWEEN:
THE STATE

AND:
SIXTUS WAIYU

Vanimo: Rei, AJ
2022: 4^th, 6^th, 8^th & 11^th April

CRIMINAL LAW – Practice and Procedure – grievous bodily harm – plea of guilty – reconciliation between prisoner and victim – both prisoner and victim biological brothers – compensation payable – sentence of 12 months suspended on conditions.

Cases Cited:

The State -v- David Amo (2021) N9173

Legislation:

Section 319 of the Criminal Code
Section 19 of the Criminal Code

Counsel:

Mr. George Korei, for the State
Mr. Paul Moses, for the Defence

11^th April, 2022

1. REI AJ: The accused Sixtux Waiyu of Sigate Village, Aitape/Lumi District, West Sepik Province was charged that on the 6^th of August 2021 at Vanimo in Papua New Guinea did unlawfully cause grievous bodily harm to Robin Waiyu.

2. The charge was laid under Section 319 of the Criminal Code which provides that:

“A person who unlawfully does grievous bodily harm to another person is guilty of a crime.”

“Penalty: Imprisonment for a term not exceeding 7 years.”

3. The brief facts are that on the 6^th of August 2021, the accused became angry of some vulgar comments made about him by the victim. The accused got a bush knife and cut the victim around the area of his right shoulder. In the course of the scuffle, the accused got a pocket knife swung it and stabbed the victim on his stomach.

ARRAIGNMENT

4. The matter came before the Court on 6^th April 2022 in which the charge and brief facts were read to the accused.

5. The accused then entered a plea of guilty which was confirmed by Mr. Moses as being consistent with his instructions.

6. A provisional guilty plea was entered and confirmed upon my perusal of the Committal file.

GUILTY PLEA

7. The accused was found guilty of the charge and was accordingly convicted.

ALLOCUTUS

8. In his speech, the prisoner said sorry to the Court and to his brother Robin Waiyu.

9. He said that a peace reconciliation took place in the family in which the prisoner’s apology and statement of remorse was irrevocably accepted by his brother Robin Waiyu.

10. This also is mentioned in the Pre-Sentence Report compiled by Mr. Ben Kasandra which has been filed.

AGGRAVATING & MITIGATING FACTORS

11. The aggravating factors are that the prisoner used two dangerous weapons to attack the victim are far outweighed by the factors of mitigation that the prisoner entered early guilty plea thus saving time and costs, both the prisoner and victim had reconciled well before the trial of the matter and are both in peace and harmony. Furthermore, there is an agreement that the prisoner pays compensation of K500 to the victim to settle the issues as reported in the PSR.

DECISION ON SENTENCE

12. This is a case involving family feud where one member of the family uttered words which did not go down very well with the one resulting in grievous bodily injuries inflicted with the use of a bush knife and pocket knife.

13. This is an issue which should have otherwise been resolved within the family set up without resorting to violence.

14. It, however, ended up in the hands of the law because of the seriousness of the offence and most importantly the prevalence of this offence in these parts of the country.

15. Most offences coming to the Courts of law involve disputes or disagreements within family circles which sometimes result in inflicting serious wounds or death of another relative.

16. If only people would give themselves time to consider settling these differences in an amicable Melanesian style, many crimes would be avoided. But people want to resort to violence as a first and not the last resort.

17. In this case certain words uttered against the prisoner which were not acceptable to the prisoner became insulting to him resulting in injuries. A simple one-to-one correspondence in a meeting could have easily resolved matters.

18. But the prisoner took the law into his own hands and caused injuries to his own blood brother.

19. Both Counsels referred me to cases involving sentences previously imposed ranging from 10 months to 2 years most of which were suspended. I relied on these cases in the case of The State -v- David Amo (2021) N9173.

SENTENCE

20. Bearing in mind the fact that the prisoner entered early plea, there is genuine remorse resulting both the prisoner and his brother entering into peace and the prisoner is prepared to pay compensation in the sum of K500 to the victim which is acceptable to the prisoner, the prisoner is sentenced to 12 months imprisonment.

21. In the exercise of my discretion provided for under Section 19 of the Criminal Code, the whole of 12 months imprisonment is suspended upon the following conditions:

(i) the prisoner is to refrain from consuming alcohol for the duration of the suspended term;
(ii) the prisoner shall keep the peace and be of good behaviour throughout the suspended term of 1 year and be supervised by the Probation office;
(iii) the prisoner shall pay compensation to the victim within 6 months from the date of this Order which payment shall be made through the Probation and Parole office;
(iv) should any of these conditions be breached, the prisoner shall serve the whole sentence; and
(v) bail monies are to be refunded forthwith.

______________________________________________________________

Public Prosecutor: Lawyer for the State

Public Solicitor: Lawyer for the Defendant