The State v Joseph Ping (2001) N2169

• Jurisdiction: Papua New Guinea
• Judge: Kandakasi J
• Judgment Date: 17 December 2001
• Citation: (2001) N2169
• Court: National Court
• Year: 2001
• Judgement Number: N2169

Full Title: The State v Joseph Ping (2001) N2169

National Court: Kandakasi J

Judgment Delivered: 17 December 2001

N2169

[IN THE NATIONAL COURT OF JUSTICE]

CR NO. 151 of 2001

THE STATE

-V-

JOSEPH PINGU

WEWAK: KANDAKASI, J.

2001: 12th and 17th December

CRIMINAL LAW — PRACTICE & PROCEDURE — Pleading guilty to lesser charge of unlawful wounding from possible attempted murder or grievous bodily harm — Court to take facts disclosed in deposition into account for purposes of determining appropriate sentence — Plea bargaining already reduced substantially likely penalty if proceeded under more serious charge — No need to further reduce sentence — Maximum under lesser charge must be imposed.

CRIMINAL LAW — Customary compensation — Call for means assessment — Means assessment and pre-sentencing report recommending compensation — Compensation ordered with part suspended sentence on terms — Criminal Law Compensation Act s.4 — Criminal Code s. 19

CRIMINAL LAW — Sentencing — unlawful wounding — Use of a bush knife with intent to kill — Guilty plea — Joining in somebody else's fight uninvited — First time offender with no prior convictions — Sentence of 3 years with 2 years to be suspended on terms if compensation of K5,000.00 is paid within 6 months — Criminal Law (Compensation) Act ss. 4Criminal Code ss. 322(1)(a) & 19 — Criminal Law (Compensation) Act ss.2 — 5.

Cases cited:

The State v. Sabarina Yakal [1988-89] PNGLR 129,

The State v. Jason Dongoma (13/12/00) N2038

The State v. Kennedy Arus (16/03/01) N2081

The State v. James Gurave Guba (19/12/00) N2020

The State v. Peter Yawoma (19/01/01) N2032

The State v. Attiock Ishmel (unreported and unnumbered judgement delivered in Alotau on 16/10/01) CR 1146 0f 1999

Ala Peter Utieng v. The State (unreported and unnumbered judgement of the Supreme Court delivered in Wewak on the 23rd of November 2000) SCRA 15 of 2000

Counsel

M. Ruarri for the State

G. Korei for the Accused

DECISION ON SENTENCE

17the December, 2001

KANDAKASI J: You pleaded guilty to one count of unlawful wounding of one Bobby Yamrumbu on the 18th of August 2001, contrary to section 322 of the Criminal Code.

The law permits me to consider the evidence that has been presented against you per the depositions to determine an appropriate punishment for the offence you committed against Mr. Yamrumbu in particular and the society or the county as a whole. For authorities on this see The State v. Sabarina Yakal [1988-89] PNGLR 129, which I followed and applied in my own judgements in The State v. Jason Dongoma (13/12/00) N2038 and The State v. Kennedy Arus (16/03/01) N2081.

The Facts

From the brief facts put to you by the State and the depositions, the facts are straightforward. A Nick Pelingama alleged sometime before the incident that the victim's brother, a Jacob Sangi is a sorcerer. On the day of the incident, the victim saw Mr. Pelingama walk past his house at about 4:00pm. The victim called out to Mr. Pelingama and said: "Hey Nick you alleged my brother Jacob Sangi is a sorcerer. Can't you have some respect for my elder brother because we have been looking after you and your family, they were under our care and why do you mention my elder brother's name in the public as a sorcerer?"

Mr. Pelingama replied: "That's right you are the suspect of having set fire to the house and sorcery." He then walked to his house and put a string bag he was carrying at the time and walked straight back to the victim with his brother Kaw Pekiguria and started a fight with the victim. The three of them fought using their hands, as they were all not armed. A Jack Sangi intervened and stopped the fight and at least managed to separate them.

Then without any invitation by anyone, you and others came in aid of Nick Pelingama canting " Patim, paitim em. No ken larim em. Katim em. Kilim em na kukim haus bilong tripela. Noken larim wanpela istap. Wanpela i mas dai" (Hit him, hit him. Do not let him escape. Chop him. Kill him and burn down the house of the three of them. Do not let one of them survive. One of them must die"). You came out of your house with a bush knife and cut the victim so badly on his right and useful shoulder. You in fact aimed to cut off the victim's head with intent to kill him but he moved his head and the bush knife landed on his shoulder.

Upon you seriously chopping the victim on his right shoulder area, that side of his hand was almost severed. He fell down on the ground and remained unconscious. You and your gang tried to continue the fight using a sago stick. As if what you did to the victim was not enough, you attempted to also chop Jack Sangi but he avoided you and you ended up cutting a nearby bamboo tree. After that, you and your gang left the scene and the victim was taken to the Boram Hospital.

Uncontested medical evidence confirms that the victim was admitted unconscious. He was therefore resuscitated and taken to the theatre for immediate surgery. He...