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State v Maiva [2017] PGNC 397; N7203 (27 October 2017)

N7203

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR NO. 1212 OF 2017

THE STATE

V

MARK MAIVA

Kerema: Koeget, AJ
2017: 25^th, 27^th October.

CRIMINAL LAW- Indictable offence – Section 315 (b)(c) of the Criminal Code Act – Maximum sentence – Conviction on plea – Courts discretionary powers under Section 19 of the Criminal Code Act.

FACTS

On 13^th February, 2017 between 6 o’clock and 7 o’clock in the morning the accused confronted the victim Brian Narasoka who was buying betelnuts at Milakera village in the Gulf Province against the wishes of Milakera villagers.

The accused approached the victim from the rear and swung the bush knife and it slashed the back of the neck causing deep laceration and deformities to the spine fracture which was measured 10cm x 5cm wide and 16cm in length. The victim was taken to Kerema General Hospital where he received medical treatments on the wound. The wound healed up and the victim is well.

Held:

1. The prisoner committed another criminal offence after the commission of this offence was dealt with summarily. This indicate he is careless and does not care about his future.
2. The prisoner is sentenced to be imprisoned for three years in hard labour.
3. The pre-trial period of 3 months is deducted and he is to serve the balance of 2 years and 9 months at Bomana Corrective Institute Services.
   

Counsel:

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

27^th October, 2017

ARRAIGNMENT

4. KOEGET, AJ: INTRODUCTION: The accused is charged with one count of Grievous Bodily Harm pursuant to section 315(b)(c) of the Criminal Code Act chapter 262.
   
5. The accused pleaded guilty to the charge and was convicted accordingly.
   

ISSUE

6. The issue for the Court to determine is what is the appropriate sentence to impose upon him?
   

LAW

7. “Section 348. Attempt to commit rape.
   

A person who attempts to commit the crime of rape is guilty of a crime.

Penalty: Imprisonment for a term not excluding 14 years”.

PERSONAL PARTICULARS

8. The prisoner was 17 years of age but now he is 18 years old. He is a bachelor and was in grade 9 at Kerema Coronation Secondary School when he committed the offence.
   

AGGRAVATING FACTORS

9. The prisoner used minimal force when he committed the offence upon the victim. No permanent injuries were sustained by the victim except fear for some moments.

MITIGATING FACTORS

10. The prisoner cooperated well with the police and admitted to them the commission of the offence.
    
11. He has been in custody for 3 months awaiting disposal of the case.
    
12. Both the prisoner and victim were boyfriend and girlfriend.
    
13. The previous decided cases cited by counsels suggest sentences ranging from 3 years to 9 years in hard labour.
    
14. The court has discretion to impose a lesser sentence depending on facts and circumstances in each case.
    
15. In this case, the prisoner committed another criminal offence after the commission of this offence was dealt with summarily. This indicate he is careless and does not care about his future.
    

SENTENCE

10. The prisoner is sentenced to be imprisoned for three years in hard labour. The pre-trial period of 3 months is deducted and he is to serve the balance of 2 years and 9 months at Bomana Corrective Institute Services.
___________________________________________________________
Public Prosecutor: Lawyer for the State
Solicitor Public: Lawyer for the Accused