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State v Melis [2025] PGNC 289; N11419 (18 July 2025)

N11419

PAPUA NEW GUINEA
[NATIONAL COURT OF JUSTICE]

CR NO. 1526 OF 2024

BETWEEN:
THE INDEPENDENT STATE OF PAPUA NEW GUINEA

AND:
LEWIN MELIS
Accused

MANUS: DINGAKE J
7, 18 July 2025

CRIMINAL LAW – Sentence – Grievous Bodily Harm – Criminal Code Act, s.319 – Section 19 discretion – Accused used bush knife to amputate victim’s arm – Guilty plea – First-time offender – Sentence of 5 years imposed – Custody period deducted – Balance wholly suspended with probation and compensation order.

Cases cited
State v. Roy Joseph CR No. 58 of 2024 (14^th September 2023)
State v Paulus [ 2019] PGNC 470; N8353
State v Waim [1998] PGNC 174; [1998] PNGLR 360

Counsel
Mrs. Linda Maru for the State
Mr. Kusunan Pokiton for the prisoner

SENTENCE

1. DINGAKE J: In this case, I have convicted the accused of causing grievous bodily harm to one Kelly Kowom Augustine pursuant to Section 319 of the Criminal Code.
   
2. The maximum penalty of the offence is an imprisonment term not exceeding seven (7) years.
   

ISSUES

3. Having convicted the prisoner, the next issue to consider is what is the appropriate sentence to impose on him.
   

DISCRETION

4. The Court has a discretion in terms of Section 19 of the Criminal Code to impose a lesser term of imprisonment than the maximum prescribed.
   

AGGRAVATING FACTORS

5. The aggravating factors in this case are that the accused used a lethal weapon to cut off the hand of the victim, Kelly Kowom Augustine.
   

MITIGATING FACTORS

6. The prisoner is a first offender. He pleaded guilty and saved the Court’s time. He was remorseful.
   

CASE LAW

7. The case law reveals a sentence range of between 3 – 7 years, on average, depending on the circumstances of each case.
   
8. In this matter, I have considered similar cases such as the cases of State v. Roy Joseph CR No. 58 of 2024 (14^th September 2023; State v Kanau Paulus 2019 N8353).
   
9. The case law also establishes that, in an appropriate case, for good reason, the Court may invoke Section 19 of the Criminal Code to suspend the whole or part of the sentence (The State v Thomas Waim [1988] PNGLR 360).
   

PRE-SENTENCE REPORT & MEANS ASSESSMENT REPORT

10. I have considered the Means Assessment Report and the Pre-sentence Report. The Author of the Reports Ms Poli, Senior Provincial Probation Officer is of the view that some form of compensation would be in order. Her reports show that the offender and relatives are willing to pay some compensation in addition to performing Manus Customary Ceremony to the victim to show that he is remorseful.
    
11. The Pre-sentence Report is comprehensive. I have read and understood its contents including the offender’s financial position and that the offender says he can afford to pay K1,000.00
    

SENTENCE

12. I have taken all the above into consideration, including that the offender is 31 years old, first-time offender and married and that in terms of the Pre-sentence Report, he is a person of good character.
    
13. I have also considered that the victim now has amputated left-hand arm as a result of what the Accused did to him.
    
14. Considering all the circumstances of the case, I sentence the prisoner to five years imprisonment. The prisoner has been in custody for one year one month before being granted bail. I deduct this from the head sentence.
    
15. The balance of the sentence is wholly suspended.
    
16. Further the Court orders that:
    
    1. The offender is placed under probation for 12 months. The Probation Services may appoint Ward Councillor Mr. Willie Airi to supervise him whilst at the village,
       
    2. He shall pay K5,000.00 compensation to the victim, Kelly Kowom Augustine within 3 months from today,
       
    100. Attend Counselling session period of twelve (12 months by Ward Councillor Mr. Willie Airi),
         
    4. Refrain from consuming alcohol during supervision.
       
    5. Should the Prisoner fail to pay compensation as ordered, the suspended sentence shall be re-activated, and he shall be arrested and imprisoned to serve the sentence.
       

Ordered accordingly.
________________________________________________________________
Lawyer for the State: Public Prosecutor
Lawyer for the prisoner: Public Solicitor