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Police v Dekma [1999] PGDC 17; DC63 (23 August 1999)

Unreported District Court Decisions

[1999] PNGDC 21 - POLICE V PETER DEKMA

[1999] PNGDC 21

PAPUA NEW GUINEA

[DISTRICT COURT OF JUSTICE]

NO 31 OF 1999

POLICE (Informant)

v

PETER DEKMA (Defendant)

Kimbe

S Lenalia PM

23 August 1999

CRIMINAL LAW�Unlawful Wounding and similar acts�Plea�Sentencing�Criminal Code (Ch262) s322(1).

CRIMINAL LAW�Unlawful Wounding�Plea�Factors for consideration�Imprisonment appropriate penalty�Sentence.

Cases referred to

Acting Public Prosecutor v Joe Kovea Mailai [1981] PNGLR 258

Legislation

Criminal Code (Ch262) s322(1)

Constitution s49

Criminal Law (Compensation) Act 1991 s3

Representation:

Counsel/Representative:

Informant: Sgt� P Sukena

Defendant: Accused in person

Lawyers/Representative:

Informant: Police GV Prosecution Division

Defendant: Accused in person

23 August 1999

S LENALIA PM:

N1>[1]����� The defendant pleaded guilty to one count of unlawful wounding the victim Raphael Kamo at Buvussi Block in West New Britain Province on the early hours of 6 July 1999. This is an offence contrary to s322(1) of the Criminal Code.

N1>[2]����� The facts to which the accused pleaded guilty are that about 3 am on the date of this offence the complainant was awoken by noises made by his six year old daughter calling out to her mother and father. The little girl had been calling out for her parents for a lantern and thinking that she wanted to go to their pit toilet, the father suggested to her that if she merely wanted to urinate she could use the hole on the floor. The little girl insisted that she wanted the lantern. The victim woke up holding the lamp on his hands came to the room where his daughter was calling from only to be surprised that the defendant was standing in his daughter's room.

N1>[3]����� After having seen the accused, he (the accused) immediately climbed out through the same window he had used to gain entry. The victim called whilst still in his daughter's room that he did not mind the defendant running away since he had been identified and the fact that, he (the victim) knew the defendant by face and name as Peter Dekma.

N1>[4]����� The victim opened the main door and walked out. While outside, the accused warned the victim not to come any closer to him (accused) because he had a bush knife. The complainant was determine to catch the defendant came closer to the accused. The accused swung his bush knife at the victim and cut the complainant over his head.

N1>[5]����� A Health Extension Officer conducted a medical report on the victim noted that on arrival at the Buvussi Health Centre, the victim's head and neck were covered with blood. The following injuries were noted,

��������������� a 7-8 cm laceration in the mid head towards the upper forehead

N2>��������� the laceration was some 2-3 cm deep

N2>��������� the skull was visible but was not too involved.

N1>[6]����� On medication, seven (7) stitches had to the applied. Pressure had to be applied over the head to reduce bleeding. He was given Chloramphenicol of 500gm six hourly for six days.

N1>[7]����� Although the offence you committed is a misdemeanour, it is quite serious. It carries a maximum penalty of three years. In your favour the Court takes into consideration your pleaded guilty plea and the fact that you are a first offender. Aggravating circumstances attaching to your case included the use of an offensive weapon against an unarmed victim. The use to which you put your knife to is very serious. Had the police desired a charge of attempted murder against you they would have done so. You are lucky to be charged summarily for which you could also appear before the National Court.

N1>[8]����� Secondly, you were found unlawfully in a dwelling house belonging to the victim. You breached the complainant's right of privacy which right is governed by s49 of the PNG Constitution in respect of the complainant's private and family life.

N1>[9]����� The complainant and his family can enjoy the right of privacy and enjoy their sleep as much and as long as they can as envisaged by the Constitution. You went to the victim's house at odd hours when the victim and his family were asleep.

N1>[10]��� In sentencing you, I adopt the principles stated in the case of Acting Public Prosecutor v Joe Kovea Mailai [1981] PNGLR 258, in which the Supreme Court there said that where an offence is serious, unless exceptional circumstances are shown young offenders must be goaled. As mentioned two factors weigh heavily against you. You used a knife to cut an unarmed complainant. He was bare handed merely holding a lamp in his hands. Secondly, you gave no reasons why were you in the victim's house at odd hours when the complainant and his family were sleeping. Having considered all mitigation and aggravating circumstances, I must sentence the accused to a term of two (2) years with hard labour. The term spent in custody shall be deducted from the head sentence and the accused shall serve a term of one (1) year, eleven (11) moths one (1) week and four (4) days. The court further orders that the accused shall pay to the victim an amount of K500.00 compensation in accordance with the terms of s3 of the Criminal Law (Compensation) Act 1991.

N1>[11]��� Sentence accordingly.