The State v Rose Yapriha

• Jurisdiction: Papua New Guinea
• Judge: Bidar AJ
• Judgment Date: 16 December 1997
• Citation: (1997) N1741
• Court: National Court
• Year: 1997
• Judgement Number: N1741

National Court: Bidar AJ

Judgment Delivered: 16 December 1997

N1741

PAPUA NEW GUINEA

[In the National Court of Justice]

CR. 641 OF 1997

THE STATE

-v-

ROSE YAPRIHA

VANIMO : BIDAR, AJ.

1997 : 9 & 16 December

CRIMINAL LAW - Unlawful Assault - Grievous Bodily Harm -

Self defence - Onus of proof - Criminal Code

ss. 319, 270, 271. Constitution - sch. 2.2

CASES CITED

The following cases are cited in the Judgement.

Woolmington -v- Director of Public Prosecutions [1935] A.C. 462.

Chan Kau -v- The Queen [1955] A.C. 206

R -v- Howe [1958] 100 C.L.R. 448.

R -v- David Daure [1967 - 68] PNGLR 19

TRIAL

Rose Yapriha is charged on indictment that on 28th December 1996 at Vanimo she unlawfully assaulted one, Doreen Yapriha doing her grievous bodily harm. All relevant facts appear in the reasons for Judgement.

M. Ruarri, for the State.

P. Tusais, for the Accused.

JUDGEMENT

16 December, 1997.

BIDAR, AJ.: The accused, ROSE YAPRIHA, is before this Court upon an indictment that on 28 December 1996 she unlawfully did grievous bodily harm to one, DOREEN YAPRIHA, an offence pursuant to s. 319 of the Criminal Code Act (Ch. No. 262).

Upon arraignment accused admitted to cutting the victim with a bush-knife on her left wrist and inflicting a serious wound.

Mr Tusais of Counsel for the accused sought and was granted leave under s. 563 of the Code to enter a plea of not guilty on behalf of the accused.

State’s case consist of oral sworn evidence of Doreen Yapriha whom the state alleges was unlawfully assaulted. Record of interview, statement by one other witness and medical report all admitted by consent.

Doreen Yapriha and accused Rose Yapriha have a common husband Seth Yapriha. Doreen and Seth Yapriha are originally from Green River area, Sandaun Province while, Rose Yapriha comes from Wewak, East Sepik Province. They all live together in one house. Tragedy struck the family, when, on 28 December 1996, Seth Yapriha, broke the news of death of Doreen’s nephew back in the village. On hearing this, her heart was broken, she cried, was upset and angry at her elder sister and her husband Seth. She said some words in her language which were basically directed to her elder sister and mother of deceased nephew. She also spoke in pidgin language directed to her husband who was by then down-stairs with accused and children preparing breakfast. The words she directed to her husband Seth were to the effect that, he enjoys using her body only and does not make it possible for her to go home and perhaps see the nephew’s grave. As there was certain bad words or foul language used at her husband, the accused joined in and shouted at Doreen who was still up in the house.

It is clear that Doreen had not sworn at or used any bad words to the accused personally. Her remarks were directed to their husband Seth. Basically her message to their husband was that Seth should have got her an air-line ticket to go home to see her nephew or least his grave. Doreen kept telling accused her remarks had nothing to do with her but the accused kept on calling up to her and making various remarks. Doreen who was in a state of sorrow and grief over the death of her nephew and angry with her husband picked up a flower pot from the house and threw it down on the ground. She then came down from the house and confronted the accused and pointed finger at her and told her it was none of her business. Accused then struck Doreen allegedly with a kitchen knife and she fell down. According to her, accused after striking her down, used a stone twice on her and she (Doreen) used the same stone to strike accused once on her head. It was then, that Seth came in between the two women and separated them and stopped them from fighting. The fight was effectively stopped. Accused went away picked up her baby, and went up to the house. She returned armed with a bush-knife. Doreen was surprised when accused swung bush-knife at her. She swung the knife twice. Doreen then picked up a piece of timber quite long and heavy in an attempt to fend the knife off accused hand, but accused moved in while still holding her baby in one hand swung the knife third time which landed on accused left wrist inflicting a 6 cm incise wound cutting superficial blood vessels, tendon and bone. There was no further engagement after that and the victim was taken to hospital and admitted. The relationship between the two women has not been harmonious one. They have had fights previously and at one time accused was the victim of stabbing by Doreen. In that instance Doreen was indicted before this Court. In this case Doreen is the victim of the assault by accused. Their common husband Seth, it seems to me does not have any control over them. I am inclined to think that, one day, something terrible might happen to one of them. In polygamous marriages as this, husband should be responsible to instil discipline and control of his wives.

Medical evidence and statement by witness Oseah Taro confirm the injuries Doreen received. There is no doubt she received injuries the Doctor described. There is no doubt in my mind that State has established that it was grievous bodily harm within the meaning of s. 319 of the Code.

Defence on the other hand does not deny assault which did grievous bodily harm to the victim. Accused admits that when she heard Doreen use bad or insulting language to their husband she became angry and responded by shouting at Doreen and told her among other things that, she uses bad words and she is pregnant again. According to accused, Doreen threw flower pot at her and the children and the soil from the pot spilt over their breakfast. She denies striking Doreen with the kitchen knife, when she pointed finger at her. She in fact, slapped Doreen who fell down. She got up used a stone and struck accused once on her head. It was then that accused used small kitchen knife to stab her on her back. She also used a stone to strike Doreen as she was going for a piece of timber. At this stage their husband Seth went in between them and stopped them from further engagement. Effectively, the confrontation ceased. Accused picked up her baby from the bed and went up to the house. Moments later, she returned armed with a bush-knife. Her reason for arming herself with the bush-knife was to defend herself, in the event that Doreen used an object at her. She was not very angry or furious, but became angered when Doreen used bad words at Seth and threw flower pot down. She does not deny using bush-knife at Doreen but it was to fend off the piece of timber Doreen used to strike her with. According to accused Doreen did strike her once with a piece of timber on her shoulder, the force of which, made her sit on the bed. She denies receiving any injuries.

Generally, the facts are not disputed. The only issue is whether or not the accused...