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State v Napi [2016] PGNC 403; N6718 (16 December 2016)

N6718

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR No. 1913 OF 2016

THE STATE

V

MORGAN NAPI

Kerema:Koeget, AJ
2016 : 15^th & 16^th December

CRIMINAL LAW - Sentence – Guilty to Unlawful Wounding under section 322(1) (a) of the Criminal Code Act – first time offender – sentence wholly suspended pursuant to court’s discretionary powers under section 19 of the Criminal Code Act and prisoner promise to keep Peace and be on Good Behaviour Bond for period of six months.

Cases Cited:
Nill

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

16^th December, 2016

1. KOEGET AJ: INTRODUCTION: The accused is charged with one count of Unlawful Wounding pursuant to section 322(1)(a) of the Criminal Code Act.
   

FACTS:

2. On 21^st December, 2015 between 5 o’clock and 6 o’clock in the afternoon the prisoner saw his younger brother exchanging punches with Iori Tom over allegations of practicing sorcery.
   

So he went and assisted his younger brother in the fight. He was armed with a bush knife and swung it at the victim resulting in the bush knife cutting skin and flesh at the back of the left shoulder.

3. The laceration measured 8 centimetres in length and 2 centimetres deep. The wound was treated at Kerema General Hospital and has healed up.
   

ARRAIGNMENT:

4. The accused pleaded guilty to the charge and was convicted accordingly.
   

ISSUE:

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

LAW

“Section 322. Wounding and similar acts.

(1) A person who –

• (a) unlawfully wounds another person is guilty of Misdemeanour
  

Penalty: imprisonment for a term not exceeding three years.”

Personal Particulars:

6. The prisoner is 23 years of age and married with two wives. He has four children and all reside with him at Murua.
   
7. He is a subsistence gardener. He has a brother and a sister and he is the first born in the family. His mother is now deceased but father is still alive and resides with the prisoner at Murua. He has no formal education.
   

Aggravating factors:

8. A bush knife was used in the commission of the offence. The bush knife is a tool for gardening but now regarded as dangerous weapon when its’ use is converted to commit crimes. The attack was upon an unarmed person.
   
9. The Medical report tendered to the court shows the injury was not life threatening and it as healed up.
   

Mitigating Factors:

10. The prisoner pleaded guilty to the charge thus saved court’s busy time.
    
11. There are admissions in the record of interview and he co-operated well with police during the investigation stage. He is honest to state what he did to the victim during the fight.
    
12. The prisoner is remorseful and has apologised to the victim and to the court as well. He admits what he did was a foolish thing to do. He has no prior convictions and so he is a first time offender.
    
13. He is willing to pay compensation to the victim in cash and goods of customary value such as pig or cassowaries.
    
14. I accept that the court has power to order customary compensation under section 2 of Criminal Law (Compensation) Act 1991.
    
15. The prisoner was in custody for 6 months before released on cash bail of K200.00.
    

SENTENCE:

16. The prisoner is sentenced to be imprison for 1 year in hard labour. The pre–trial custodial period of 6 months is deducted. He is to serve the balance of six months in hard labour.
    
17. In the exercise of Court’s discretionary powers under section 19 of the Criminal Code Act, the balance of 6 months is wholly suspended upon the prisoner entering into recognisance and promise to keep peace and be on Good Behaviour Bond for 6 months.
    

ORDER:

(1) The prisoner is to pay to the victim Iori Tom compensation of K500.00 cash and 1 pig within 6 months from date of this order. The compensation payment to be at Kerema Police Station to be supervised by the Probation Officer stationed in Kerema and to be witnessed by the police arresting officer and the Kerema Police Station Commander.

(2) The bail of K200.00 is refunded to the prisoner.

(3) Should the prisoner breach the orders he shall be brought to Court to be dealt with the suspended portion of sentence.

______________________________________________________________
Public Prosecutor: Lawyers for the State
Public Solicitor: Lawyer for the Defence