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State v Walla [2016] PGNC 537; N8005 (11 May 2016)

N8005

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR No. 188 OF 2017

THE STATE

V

SAMMY WALLA

Daru: Koeget, AJ
2016: 11^th May.

CRIMINAL LAW- Indictable offence – Grievous Bodily Harm – section 319 of the Criminal Code Act chapter 262 – plea – maximum sentence – Exercise of discretionary powers of court under section 19 of the Criminal Code Act.

CRIMINAL LAW – EVIDENCE –intoxication is no excuse in law – An offender voluntarily allows himself to be intoxicated after consumption of alcohol and ought to be responsible for result of his actions when his mental capacity is impaired to the level that he cannot control his emotions when angry or upset.

CRIMINA LAW - EVIDENCE - An axe is a tool normally used to chop wood, logs in the bush for building garden fences, huts, houses in the villages. It became a weapon when offender converts it use to attack and inflict injuries on victims.

FACT

On 31^st August, 2016 between 7 o’clock and 8 o’clock at night, the accused and the victim were at Kadawa village. They consumed alcohol and were drunk when an argument eventuated between themselves.

In that argument the accused armed himself with a stone and threaten the victim, Maruse Pedi, an uncle. The accused was disarmed by other villagers who were attracted by the commotion. He left and returned later with an axe and swung it at the victim. The axe struck the victim on temporal region of the head and the victim sustained injuries to the head as a result. The victim bled heavily so he was transported by dinghy from Kadawa village to the Daru General Hospital. The wound on the victim’s head measured 5cms in length and depth and it required two layers of stitches at the hospital.

The victim was admitted to the Daru General Hospital where the wound on his head was dressed. He was discharged from hospital after the wound healed up.

Counsel:

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

11^th May, 2016

1. KOEGET AJ: 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 so he was convicted accordingly.

ISSUE

3. The issue for the court to determine is what is the appropriate sentence the court should impose upon the prisoner?

LAW

“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.”

4. Section 19 of the Criminal Code Act gives discretionary powers to the Court to impose lesser sentence than that prescribed by the Act.

Section 19 of the Criminal Code Act.

“Construction of provisions of Code as to punishment.

(1) In the construction of this code, it is to be taken that, except where it is otherwise expressly provided –

(a) a person liable to imprison for life or any other period,

maybe sentenced to imprisonment for any shorter term;”....

PERSONAL PARTICULARS

5. The prisoner is 37 years of age and is married with one child aged 12 years. He is from Kadawa village in the South Fly District of the Western Province.

6. He attended Kadawa Primary school and completed grade 6 and returned to live in the village. He now lives in the village as a subsistence gardener and a fisherman.

AGGRAVATING FACTORS

7. The prisoner was intoxicated with alcohol and drunkenness is no excuse in law. He voluntarily allowed himself to be intoxicated after consumption of alcohol and is responsible for the result of his own actions when his mental capacity is impaired to the level that he cannot control his emotions when angry or upset.

8. An axe, now regarded as weapon in criminal cases was used to inflict the injury upon the victim.

9. An axe is a tool normally used by people to chop wood, log in the bush for building fences and building huts, houses in the villages. It became a weapon when the prisoner converted its use to attack and inflict injury upon the victim in this case.

MITIGATING FACTORS

10. The prisoner is a first time offender. He cooperated well with the police when he made admissions in the record of interview.

11. In court, he pleaded guilty to the charge so he was convicted accordingly. He has saved valuable time of the court and so credits are accorded to these factors when I finally decided the appropriate sentence to be imposed.

12. The prisoner was arrested on 1^st of September 2016 and has been in custody since then. He has been in custody for a total period of one year and ten days. He now appears from custody.

SENTENCE

13. I dealt with similar cases last year in Daru and Kerema and imposed sentences up to 3 years in hard labour. I ordered reduction in the sentences according to the pre-trial custodial periods of each prisoner and the balance wholly suspended when the prisoners enter into recognisance and promise to Keep Peace and be on Good Behaviour Bond for a fixed period of time. I do not intend to deviate from that type of sentence in this case.

14. In the exercise of the Court’s discretionary powers under section 19 of the Criminal Code Act, the prisoner is sentenced to be imprisoned for a period of 3 years in hard labour. The pre-trial custodial period of one year and ten days is deducted.

15. The balance of 1 year 1 week and 3 days are wholly suspended upon the prisoner entering into recognisance and promise to Keep Peace and be on Good Behaviour Bond for the suspended portion of the sentence.

ORDER

16. No orders for compensation to be paid to the victim because he refused to accept any form of compensation paid to him by the prisoner.
______________________________________________________________
Public Prosecutor: Lawyer for State

Public Solicitor: Lawyer of Accused