The State v Ambe Tu (2008) N3306

• Jurisdiction: Papua New Guinea
• Judge: Kandakasi J
• Judgment Date: 11 March 2008
• Citation: (2008) N3306
• Docket Number: CR NO. 30 of 2007
• Court: National Court
• Year: 2008
• Judgement Number: N3306

Full Title: CR NO. 30 of 2007; The State v Ambe Tu (2008) N3306

National Court: Kandakasi, J

Judgment Delivered: 11 March 2008

N3306

PAPUA NEW GUINEA

[IN THE NATIONAL COURT OF JUSTICE]

CR NO. 30 of 2007

THE STATE

-V-

AMBE TU

Tabubil: Kandakasi, J.

2008: 4 & 11 March

DECISION ON SENTENCE

CRIMINAL LAW – Sentence – Particular offence - Grievous bodily harm – Victim run away wife leaving husband with children – Victim having relationship with another man – Non legal provocation – Multiple cuts to victim’s body including both hands – Injuries life threatening – Victim left with serious disability in the use of both of her hands - Guilty plea – First time offender – Prevalence of offence - No compensation paid – No pre-sentence report - Custodial sentence appropriate – Sentence of 4 imposed – Criminal Code s. 319.

Cases cited:

The State v Vincent Naiwa (22/06/04) N2710.

The State v. Isaac Wapuri [1994] PNGLR 271.

The State v. Philip Susuve Raepa [1994] PNGLR 459.

The State v. Nickson Pari (N0.2) (10/01/00) N2033.

The State v. Rueben Irowen (24/05/02) N2239.

The State v Henry Idab (17/12/01) N2172.

The State v. Eddie John Naopa (24/04/03) N2411.

The State v. Tamumei Lawrence, Koloata James and Tobia Thomas (08/02/07) N3117.

Counsel:

J. Kesan, for the State.

P. Kapi, for the Accused.

11 March, 2008

1. KANDAKASI J: You pleaded guilty to a charge of causing grievous bodily harm to your wife, Helena Skwin on 18 March 2007 at Grengas Corner, Kiunga, Western Province.

2. Following your guilty plea, the State admitted into evidence, with your consent, the District Court depositions. Having read the depositions, I was satisfied that, there was sufficient evidence supporting the charge and your guilty plea. Proceeding on that basis, I accepted and confirmed your guilty plea and had you convicted on the charge of grievous bodily harm as presented under s. 319 of the Criminal Code. I then invited you and the State to address the Court on sentence and you both did. After that, I reserved a decision on your sentence to today. This constitutes the Court’s decision on your sentence.

Relevant Facts

3. Before anything else, I turn to consideration of the relevant facts. You have been married to your then wife and victim Helena Skwin since 1992. Problems between you and her arose over your wife running off with another man leaving you with your two children. Your wife was at the relevant time, living with her sister at Grengas village. After taking care of the children on your own for a number of months, you went over to where your wife was on 18 March last year. When you got there, you questioned your wife as to why she left you. An argument between you and her developed which caused you to be angry, given the circumstances in which she had left you and the children. That caused you to get hold of a bush knife that was there and cut your wife repeatedly on her back and neck areas and her hands, causing multiple cuts and wounds with two large and deeper wounds on her shoulder area. You also cut both of her hands with a complete amputation of left thumb and her right inner wrist area separating the tendons, nerves and the ulna artery. That wound measure 6 cm x 1.5cm wide. All of the wounds you caused your victim caused her to bleed and lost a lot of blood causing her to collapse eventually.

4. Some people helped the victim to the Kiunga hospital. That hospital had her transferred to the Tabubil General Hospital because the injuries were serious requiring higher medical intervention. There, she received appropriate medical treatment and later discharged after three days of hospital admission. On her discharge, the victim was left with residual disabilities to the use of both of her hands. The medical report from the Tabubil Hospital states that the injuries you caused the victim were life threatening.

Offence and Sentencing Trend

5. Section 319 of the Criminal Code creates and prescribes the penalty for the offence of grievous bodily harm. This provision provides for a maximum penalty of up to 7 years. A number of judgments have already dealt with offences under this section before imposing a variety of sentences from a few months to the maximum of 7 years.

6. I noted in a number of my decisions, as in The State v. Vincent Naiwa,

1 (22/06/04) N2710.

1 that the earlier cases such as The State v. Isaac Wapuri

2 [1994] PNGLR 271.

2 and The State v. Philip Susuve Raepa

3 [1994] PNGLR 459.

3 imposed much more lenient sentences. Those decisions date back more than ten years. Since then however, the offence has not declined but has increased over the years. Given that, sentences have increased to correspond with the increase in the offence.

7. In 2003, noting the prevalence of the offence and forming the view that past sentences appeared not to deter other persons from committing this offence, I imposed a sentence of 4 years part suspended on terms in The State v. Nickson Pari (No.2).

4 (10/01/00) N2033.

4 That was in a case of young first time offender pleading guilty. He shot at and injured the victim on his left arm in the course of and in furtherance of an armed robbery.

8. A more serious case of grievous bodily harm I dealt with was in the case of The State v. Rueben Irowen,

5 (24/05/02) N2239.

5 which case your lawyer has referred to in his submission. In that case, the prisoner forced his two wives to strip down naked and effected serious bodily harm to them. That included the use of a bush knife to inflict serious cuts to their bodies resulting in the loss of a lot of blood rendering both of them unconscious. They had to run out of the house naked for help. If it were not for their running out and the help of third parties, they could have died. I imposed the prescribed maximum sentence of 7 years each for the harm he had occasioned to the victims for him to serve cumulatively.

9. Another serious case that I also dealt with and also referred to by your lawyer was the case of The State v Henry Idab.

6 Opt. Cit note 2.

6 In that case, a group of men attacked another group mistakenly taken to be the ones responsible for verbally abusing one of the attacking group member’s mother. In the process, a village court magistrate sustained serious bush knife injuries to both of his hands, resulting in an estimated 85% loss of efficient use of his hands and restricted to only light work. I imposed a sentence of 5 years, and suspended part of it on strict terms including community work. I also allowed at the discretion of the village court magistrate, room for the prisoner to render services free of charge to his victim appreciating that the victim was prevented from using one of his hands.

10. In another case, namely, The State v. Eddie John Naopa,

7 (24/04/03) N2411.

7 I imposed a sentence of 5 years part suspended because of a guilty plea and an order for compensation. The victim in that case lost one of her eyes completely from a...