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State v Kamane [2025] PGNC 187; N11315 (2 June 2025)

N11315

PAPUA NEW GUINEA
[NATIONAL COURT OF JUSTICE]

CR NO 1469 OF 2024

BETWEEN:
THE STATE

AND:
STELLINA KAMANE

GOROKA: WAWUN-KUVI J
13 MAY, 2 JUNE 2025

CRIMINAL LAW-SENTENCE-Guilty Plea- Causing grievous bodily harm, 319 Criminal Code- Three punches to the face-Loss of a tooth- Suspicion of affair with husband- Prior good character.

Cases cited
Lialu v The State [1990] PNGLR 487
Goli Golu v The State [1979] PNGLR 653
State v Peter Momonai [2022] N10012
State v Agaru [2021] PGNC 379; N9119
State v Suitawa [2021] PGNC 104; N8845
State v Chris [2020] PGNC 426; N8535
State v Perus [2019] PGNC 99; N7816
State v Hianu [2006] PGNC 75; N4482
State v Kara [2012] PGNC 19; N4663
State v Kund [2011] PGNC 42; N4262
State v Kura [2019] PGNC 76; N7735
State v Sinkil [2018] PGNC 386; N7509
State v Kaia [2018] PGNC 232; N7341
State v Boi [2012] PGNC 204; N4781
State v Carol [2009] PGNC 143; N3762

Counsel
Ms E Nema Kale for the State
Ms C Bomai for the offender

DECISION SENTENCE

1. WAWUN-KUVI, J: Stellina Kamane had formed suspicions that her husband was involved in an extramarital affair with the victim. Compelled and driven by those unsubstantiated allegations, she attacked the victim by physically assaulting her with her hands. She punched the victim three times in the mouth, causing her front upper tooth to fall out. The victim also suffered some minor abrasions.
   
2. The offender pleaded guilty to causing the victim grievous bodily harm under section 319 of the Criminal Code. I must decide the appropriate penalty.

Purpose of Sentencing

3. The purpose of sentencing goes beyond just punishment of the offender; it is a community-focused process. It considers rehabilitation, reparation to victims, deterrence, and community safety in violent cases, as well as clearly communicating that the offender's behaviour is unacceptable. Sentencing is not an exact science; it requires careful consideration of each case's peculiar circumstances together with relevant principles.: Lialu v The State [1990] PNGLR 487

The Charge

4. The offender was convicted following her guilty plea on the charge of causing grievous bodily harm under section 319 of the Criminal Code.
   

Penalty

5. The maximum penalty is 7 years.
   
6. The maximum penalty is reserved for the most serious case: Goli Golu v The State [1979] PNGLR 653.
   

Sentencing range

7. The State submits a sentence of 3 years imprisonment. Ms Bomai for the offender, submits for a range between 3 and 4 years.
   
8. Counsel have assisted the Court with the following published cases:
9. State v Agaru [2021] PGNC 379; N9119, Wawun-Kuvi AJ (as she then was): The offender stabbed her husband after a domestic dispute. She was sentenced to 3 years imprisonment which was wholly suspended.
   
10. State v Hianu [2006] PGNC 75; N4482, Cannings J: The offender pleaded guilty to smashing a bottle of beer on his friend’s face causing permanent loss to one eye. He was sentenced to 4 years imprisonment. 2 years was suspended.
    
11. State v Kara [2012] PGNC 19; N4663, Cannings J: The offender pleaded guilty to causing grievous bodily harm to his neighbour after a dispute between their families escalated. Armed with a bush knife, he confronted the victim, threatening her and cutting her face when she turned around. She sustained superficial injuries requiring seven stitches and an eye injury that impaired her vision. He was sentenced to 4 years imprisonment which was wholly suspended.
    
12. State v Kund [2011] PGNC 42; N4262, Makail, J: The offenders pleaded guilty to causing grievous bodily harm to the victim. They had suspected him of either being a person who had raped their relative and each assaulted him with their fists. The victim suffered injuries and lost three teeth. The offenders were sentenced to 2 years imprisonment. The sentence was wholly suspended, and the offenders were each placed on good behaviour bond.
    
13. State v Kura [2019] PGNC 76; N7735, Miviri J: The offender called the victim over to him and mocked him about a previous incident where he was allegedly cut the victim. The victim punched him. He pulled out a bush knife and cut the victim on the right forearm. The victim ran away and was chased by the offender and others who caught up and cut him on the head when he fell. The offender was sentenced to 4 years imprisonment. Two years was suspended.
    
14. State v Kaia [2018] PGNC 232; N7341, Numapo AJ: The offender, a police officer off duty and under the influence of alcohol, pleaded guilty to two counts of causing grievous bodily harm. While in a supermarket, he spat on the floor, which prompted a customer, to confront him. After an argument, the officer reported the customer and a shop assistant, to the responding police officer, who apprehended both men and placed them in a police van. During the transport, the officer assaulted them by punching and kicking them. At the Police Station, he struck the customer with an iron bar and hit the shop assistant in the nose with a spade handle. Both victims suffered serious injuries: The customer had a fractured arm, and shop assistant had a broken nose, requiring medical treatment. The offender was sentenced to a concurrent sentence of 3 years. The sentence was partially suspended on orders for compensation.
    
15. I have also found similar cases in which the offenders pleaded guilty to punching the victim’s causing loss of teeth.
16. State v Peter Momonai [2022] N10012, Wawun-Kuvi, AJ: Guilty plea. Wife approached estranged husband and argued over non support of children. Husband punched his estranged wife causing her to lose some of her teeth. He was sentenced to 12 months which was wholly suspended and placed on probation.
    
17. State v Suitawa [2021] PGNC 104; N8845, Numapo, J: The offender pleaded guilty to striking the victim in the mouth with a stone causing him to lose two front teeth. Both the prisoner and the victim were drinking alcohol together. The prisoner went to sleep, and the victim went on to disturb the peace in the neighbourhood. The prisoner woke up and hit the victim. The victim requested compensation as both men were good friends. The prisoner was sentenced to 2 years. The sentence was wholly suspended on conditions including compensation.
    
18. State v Chris [2020] PGNC 426; N8535, Suelip AJ: The offender pleaded guilty to cause grievous bodily harm. He approached the victim and punched him to the ground. When the victim stood up, he lifted him and upended him. As a result, the victim suffered a fracture to the jawbone and lost a tooth. He was sentenced to 3 years imprisonment. Part of the sentence was suspended with conditions.
    
19. State v Perus [2019] PGNC 99; N7816, Kangwia, J: The offenders pleaded guilty to punching a fellow inmate resulting in him losing his tooth. They accused him of reporting them to a Corrections Officer. They were sentenced to 2 years imprisonment.
    
20. State v Sinkil [2018] PGNC 386; N7509, Geita J: Two sisters pleaded guilty to causing grievous bodily harm to the victim. The victim accosted one of the sisters over her daughter and hit her grandson. The first offender punched the victim causing her to fall. She then restrained her by using her legs to hold down the victim’s hands. Her sister, the second offender, then approached and punched the victim in the mouth and bit her left fingers. The victim lost three teeth and suffered a swollen hand. They were sentenced to 3 years and a fine of K200.00. The sentence of imprisonment was suspended with conditions.
    
21. State v Boi [2012] PGNC 204; N4781, Maliku AJ: The offenders were convicted following a trial for causing grievous bodily harm to a motorist. The offenders were employed with the Road Safety Authority. They each punched the victim in the face during a roadblock. The victim suffered multiple soft tissue injuries. They were sentenced to 3 years imprisonment each. The sentence was wholly suspended, and the offenders were placed on good behaviour bonds with surety of K600 each.
22. State v Carol [2009] PGNC 143; N3762, Lenalia, J: The offender pleaded guilty to cause grievous bodily harm to his wife. He returned home and accosted her for not answering his phone calls. He punched her in the face. She suffered bruising to the face and her teeth were loose. He was sentenced to 12 months imprisonment. The sentence was wholly suspended with conditions.
    
23. The cases demonstrate that in guilty pleas where a weapon was used with aggravating features such as abuse of position of authority, sentences ranged between 3 and 4 years. However, in cases where there was no weapon used the sentences ranged between 1 and 2 years.
    

Antecedent

24. The offender is 32 years old and is from Mando 2 Village, Daulo, Eastern Highlands Province. She lives with her husband outside of Goroka town with her husband and his family. She is a villager with no formal employment. She relies on her husband for financial support. She has a five-year-old son from her current marriage and three other children from her previous marriage. They are in primary school.
    
25. She was educated up to Grade 5 at Mando Primary School.
    
26. Her father is deceased, and her mother is alive.
    
27. She had an underlying medical condition with her uterus and suffers from joint pain in her knees.
    

Culpability

28. Counsels did not address the Court on culpability. Here, the offender was suspicious that the victim was having an affair with her husband. Rather than resolve it amicably, she followed the victim and harassed her. Even when the victim was walking away, she continued to taunt her and eventually punched her. However, there is no indication that her actions were premeditated. She was driven by her emotions having witnessed what she viewed as suspicious behaviour between the victim and her husband.
    
29. That she did not use or possess a weapon further demonstrates that it was not a premediated attack and that there was no strong intent to cause grievous bodily harm.

Harm

30. The victim suffered the loss of one tooth and had minor abrasions.
31. The medical report and the photographs show that it was a front upper tooth which not only affects her appearance but is a permanent loss.
    
32. There is no victim impact statement and the probation officer despite best efforts could not obtain the victim’s views. She did not wish to give her views.
    

Aggravating Factors

33. I have considered the submissions by counsel and find the following to be aggravating:
    • The force of the punch was sufficient to knock out the front upper tooth.
    • Assaults causing grievous bodily harm are a common occurrence in all areas of Papua New Guinea. It is a very prevalent offence. Women arguing and fighting over extra marital affairs are a common occurrence all over the country.

Mitigating Factors

34. In mitigation:
    1. The offender has no prior convictions.
    2. She cooperated with police and made early admissions. She maintained her guilt at all stages until sentencing.
    3. She apologized and was remorseful in allocutus.

Consideration

35. This offence is a result of a breakdown in communication and unsubstantiated suspicions. She could have found an amicable way to resolve the issue instead of resorting to violence. Had she exercised restraint she would not be placed in her current situation.
    
36. Having considered the circumstances of the case, the comparable cases, the mitigating and aggravating factors, the harm and the offender’s culpability I find that this case is not as serious as the other comparable cases.
    
37. Considering the foregoing matters, I find that the period of 10 months spent in custody is sufficient to achieve the purposes of sentencing.

Orders

38. The Orders of the Court are as follows:
    
    1. The offender is sentenced to time spent in custody.
    2. The offender shall be released if there are no pending charges.
    3. The CR file and the BA file are closed.
       

Lawyer the State: The Public Prosecutor
Lawyer for the defence: The Public Solicitor