Home | Databases | WorldLII | Search | Feedback Papua New Guinea District Court

Tamahin v Tovirika [2022] PGDC 83; DC9020 (12 October 2022)

DC9020

PAPUA NEW GUINEA

[IN THE DISTRICT COURT OF JUSTICE]

SITTING IN IT GRADE V CRIMINAL JURISDICTION COURT

GR NO 73 of 2022
BETWEEN

IAN TAMAHIN
Informant

AND

JUNIOR TOVIRIKA
Defendant

ARAWA: BRUCE TASIKUL PM

2022: 05-12^TH OCTOBER
      

Criminal Law – : Sentence – Unlawful wounding another person- contrary to Section 322 of the Criminal Code Act – Plea of Guilt – What is the appropriate sentence – Mitigating and Aggravating Factors – Serious injuries sustain by victim- Prevalent Offence

Cases Cited;
State V Oswal Hataga Gr DC 03 of 2021.
The State -v- Stanley Pipi [2017] N7204,
State V Harry Boii [2021] N8968
References

Counsel

First Constable Justine Katu for Prosecution

Defendant Appearing for himself.

DECISION ON SENTENCE

1. B: TASIKUL PM: The defendant Junior Tovirika was arrested and charge for unlawful wounding his father Simon Tovirika. He appeared before me during my Grade 5 court circuit in Arawa. He entered a plea of guilty for unlawfully wounding thereby contravening Section 322(1) (a) of the Criminal Code.
   
2. The following facts that he plead guilty to as follows: On the 27^th May 2022 the victim was following a small track at Section 14, Arawa town towards his house. He was carrying a 10 kg roots rice on his shoulder. The defendant from no way came out from the bush and struck the victim on his head with a piece of hard wood, causing injuries to his head. The victim fell to the ground and when he turned around he saw his own son running away holding on to the pieces of hard wood.
   
3. The victim managed to seek assistance from a neighbour who brought him to the hospital for medical treatment. The defendant went into hiding but was later arrested and charge for the crime he committed.
   
4. The issue before me is; what would be the appropriate penalty or sentence should this court imposed on the defendant.
   
5. Section 322 (1) (a) of the Criminal Code states; A person who unlawful wounds another person is guilty of a misdemeanour. Penalty: Imprisonment for a not exceeding three years.
   
6. Before deciding what would be the appropriate sentence for the defendant, I consider his personal particulars, mitigating factors, the aggravating factors, similar cases precedence, and his allocutus.
   
7. As usual the prosecution has not assisted the court on submission on sentence but leave it to the court to decide. The defendant is a single of the age of 26 years. He resides in Arawa town. Not much background information was obtained from him.
   
8. Some of the mitigating factors in favour of him are; pleaded guilty and cooperated well with the investigation officer. The aggravating factors against him are; a dangerous weapon was used: that is the hard wood to hit the victim, the victim sustain serious injuries on his head, this is a serious assault on his own father and offence committed is prevalence. He has a previous conviction on a drug charge and was sentence to 2 years in 2016
   
9. For the purpose of consistency in my sentencing, I also need to consider some other similar cases imposed by the both the District Court and National Court. In one of my own cases of State V Oswal Hataga Gr DC 03 of 2021. In this case the defendant pleaded guilty for assaulted her own mother after she refused to give her food. The victim sustains serious injuries and was admitted to the Buka Hospital. I sentence him to one year and six months.
   
10. In the case of The State -v- Stanley Pipi [2017] N7204, the accused was drunk when he kicked and damaged the victim’s bamboo fence. The victim confronted the accused and hit him with a flat side of the bush knife at his back. The accused’s father intervened and escorted the accused away. The accused returned with some people and attacked the victim. The Court imposed a sentence of one year IHL, 3 months and 3 weeks spent in custody was deducted and the balance of 8 months and 1 week was wholly suspended on conditions that the prisoner enters into recognizance and promise to keep peace and be on Good Behaviour Bond for period of 8 months 1 week.
    
11. In the case of State V Harry Boii [2021] N8968 the defendant pleaded guilty for unlawful wounding of the victim. He was arm with a bow and arrow and then he stabs the victim. He was sentence to 3 years’ imprisonment.
    
12. In your allocutus before sentence, you told the court your father hasn’t giving him money so you were upset with him as result you attack him.
    
13. Weighing all of this on the balance, I am of the view that you deserve to be imprisoned. You have shown no respect to your father. You have plan to attack him as you know that he was in town and he usually walk the bush track to his house at section 15. After you attacked him you left him injured lying on the ground helplessly. The medical report from the hospital revels that your father suffers great pains, dizziness, and neck stiffness.
    
14. I find the aggravating factors over weigh the mitigating factors. I there sentence you to 18 months’ imprisonment, I will deduct 6 months from the time you spent in police custody. You will serve 12 months.