The State v Isaac Wapuri

• Jurisdiction: Papua New Guinea
• Judge: Kapi DCJ
• Judgment Date: 26 April 1994
• Citation: [1994] PNGLR 271
• Court: National Court
• Year: 1994
• Judgement Number: N1212

National Court: Kapi DCJ

Judgment Delivered: 26 April 1994

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

THE STATE

V

ISAAC WAPURI

Waigani

Kapi DCJ

16 February 1994

24-25 February 1994

26 April 1994

CRIMINAL LAW — Sentence — Grievous bodily harm — Compensation under Criminal Law (Compensation) Act 1991 — Custom of victim's clan taken into account.

Facts

The accused pleaded guilty to a charge of grievous bodily harm. He came before the Court for sentencing and determination of the possibility of compensation under the Criminal Law (Compensation) Act 1991. The accused had assaulted his cousin's wife with a handbrake cable from a motor vehicle. Medical evidence established that the victim suffered a permanent injury of 90% loss of vision of the left eye.

Held

1. The accused should pay compensation to the victim, having regard to the custom of the people of Kapantais village of Angilan clan, Laiagam, Enga Province.

2. The compensation payable was K500 in cash and five pigs, valued at about K800, payable to the victim within one month; in default, two months imprisonment.

Counsel

P Mogis, for The State.

E Kamburi, for the accused.

26 April 1994

KAPI DCJ: The accused pleaded guilty to a charge of grievous bodily harm contrary to s 319 of the Criminal Code.

At the time of the offence, the accused was living with his cousin and his wife. Prior to the commission of this offence, accused's cousin's wife, the victim in this case, made advances towards him for sexual intercourse. The accused refused to have sexual intercourse. On 1 September 1993, when the accused returned to the house from work, he found all his clothes were thrown all over the place. The accused believed that this...