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State v Sam [2018] PGNC 395; N7512 (24 July 2018)

N7512

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR No. 748 of 2018

THE STATE

V

BRIGETTE SAM

Daru: Koeget, J
2018: 12^th, & 24^th July

CRIMINAL LAW- Guilty plea to Grievous Bodily Harm – section 319 of the Criminal Code Act chapter 262 – First time offender – sentence of 3 years in hard labour wholly suspended on conditions to Keep Peace and be on Good Behaviour Bond – Exercise of Court’s discretion under section 19 of the Code.

Cases Cited

The State –v- Otta Api (N400)
The State –v- Ivan Roger (2016) M6491

Counsels:

D. Mark, for the State
E. Sasingan, for the Accused.

24^th July, 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.
   

FACT

2. Between 11:50 o’clock at night on 20^th April 2018 and 1 O’clock in the morning on 21^st April 2018, the accused and the victim attended a fund raising dance at Crows Nest Hotel in Daru.
   
3. An argument developed between the accused and the victim resulting in the accused hitting the victim on the head with a bottle of Mosko Spirit alcoholic drink.
4. The bottle broke on impact when the victim raised his arm to defend himself and the shattered pieces of bottle caused a deep cut to his right arm. The victim bled profusely, so he was rushed to Daru General Hospital and later evacuated to Port Moresby for further treatment.
   

ISSUE

5. The accused pleaded guilty to the charge so she was convicted accordingly. The issue for the court to determine is. What is the appropriate sentence the court should impose upon her?
   

LAW

6. “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

7. The prisoner is 27 years of age and is a spinster. She is presently employed by the State as a First Constable with the Royal Papua New Guinea Constabulary and she has been employment for four years.
   
8. She completed Grade 12 then proceeded to attend University of Goroka and she completed a first year degree course. She discontinued the studies and proceeded to join the Royal Papua New Guinea Constabulary as a First constable.
   
9. She was suspended from employment for 21 days after commission of this offence and has resumed employment recently.
   

AGGRAVATING FACTORS

10. The prisoner hit the victim on the head with a full bottle and the victim received serious injury to his right hand when the shattered bottle pieces cut his arm causing a deep wound so the offence is alcohol related.
    

MITIGATING FACTORS

11. The prisoner is a first time offender. She cooperated well with the police and made admissions in the record of interview. She pleaded guilty to the charge and saved valuable time of the court. She is remorseful.
    
12. She was provoked by the actions and comments of the victim so there was “defector provocation” in this case.
    
13. The victim’s wife travelled from Port Moresby to Daru and confronted the prisoner. This obviously angered the prisoner to assault the victim. The prisoner felt cheated when she found out that the victim was a married man because during their relationship the victim told her that he was a bachelor.
    

SENTENCE

14. Similar sentences on such offenders in previous cases were imposed and so I do not intend to depart from that sentencing pattern in this case.
    
15. The sentence of the court is that the prisoner is sentenced to be imprisoned for 3 years in hard labour. She spent no time in custody so there is no order for deduction of portion of the sentence.
    
16. In the exercise of the Court’s discretionary powers under section 19 of the Code, the sentence of 3 years is wholly suspended on conditions the prisoner enter into recognisance and promise to keep Peace and be on Good Behaviour Bond for 3 years.
    
17. Should the prisoner breach this condition she shall be brought to court to be dealt with for the suspended sentence.
    

ORDER

18. The prisoner’s cash bail is to be refunded to her.
    

Accordingly ordered.

Public Prosecutor: Lawyer for State

Public Solicitor: Lawyer of Accused