The State v Kenny Reuben Irowen (2002) N2239

• Jurisdiction: Papua New Guinea
• Citation: [2002] PNGLR 190
• Date: 24 May 2002
• Court: National Court
• Year: 2002

Full Title: The State v Kenny Reuben Irowen (2002) N2239

National Court: Kandakasi J

Judgment Delivered: 24 May 2002

1 CRIMINAL LAW—Sentence—Worse case of grievous bodily harm—Guilty plea—No prior convictions—Prisoner forcing two of his wives to strip down naked then picked up an argument with them before attacking them with a bush knife—One sustained a deep cut to her left shoulder with muscles and bone of the top of the joint completely severed resulting in an estimated 25% permanent disability—The other sustained an almost severed right big toe requiring steel wiring and a deep wedged chopped wound dividing muscles, bones and arteries on that side as well as a complete chop off of her left little and ring fingers—Prior medical history of severe attacks on one of the women requiring hospitalization—No evidence of compensation or the prisoner having completely changed his habit of severely attacking his wives—No expression of remorse in Court—Aggravating factors outweighing factors in mitigation—Maximum prescribed sentence of 7 years imposed to be served cumulatively—Criminal Code s319 and s19.

2 The State v Abel Airi (2000) N2007, The State v Isaac Wapuri [1994] PNGLR 271, The State v Philip Susuve Raipa [1994] PNGLR 458, The State v Apa Kuman [2000] PNGLR 313, The State v Nickson Pari (No 2) (2001) N2033, The State v Darius Taulo (2001) N2034, The State v Ngetto Rex Rongo (2000) N2035, Ure Hane v The State [1984] PNGLR 105, Goli Golu v The State [1979] PNGLR 653, The State v Kenneth Penias [1994] PNGLR 48, Seo Ross v The State (1999) SC605, Acting Publice Prosecutor v Haha [1981] PNGLR 205, Public Prosecutor v Kerua [1985] PNGLR 85 and The State v James Gurave Guba (2000) N2020 referred to

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Kandakasi J: You pleaded guilty to two charges of causing grievous bodily harm to two of you wives, namely Lamokis and Roselyn after forcing them to strip naked on 22 December 2001, which was contrary to s340 of the Criminal Code. Upon reading the depositions, which were admitted into evidence with your consent, I was satisfied that the evidence in them supported your guilty plea. I therefore accepted your guilty plea and convicted you on the charge presented.

Relevant facts

The relevant facts are straightforward. About 8.00pm on 22 December 2001, your two wives Lamokis, who is your first wife and Roselyn your second wife, and your children were sitting outside your house in your village at Imbras, Maprik East Sepik Province. You called the two of them out from where they were sitting into the house where you were. So they came into the house and you took them into the bedroom of yourself and Roselyn. Once inside that bedroom, you asked them to call their boyfriends' names but they gave you no names. So you forced them to remove all of their cloths and stand before you naked. You then went outside the bedroom and got Lamokis' bush knife and returned to the room and asked the two of them to reveal the names of their boyfriends and that you will do nothing to them. Immediately after that however, you swung the bush knife at Lamokis' back three times and you hit her on her forehead with your fists twice. She felt pain and she grabbed you and the two of you fought. As you were fighting with her, you bit her right ring finger. In pain she called Roselyn to help by asking her to grab hold of both of your testicles and squeeze them and she obliged. That caused you to say it is enough and that you will not assault them again.

After you promised not to assault your two wives, they thought you were telling them the truth, so Roselyn let your testicles go. Then you all come out of the bedroom and you pulled Lamokis' bush knife again and you swung it at Roselyn and nearly chopped of her left hand from the shoulder. That severed completely, the muscles, and the bone over the top of that part of her shoulder joint. She then ran out of the house naked in pain into one of her uncle's coffee garden. You then turned to Lamokis, grabbed hold of her hand and swung the bush knife at her, cutting both of her legs and her left ring and little fingers into their joints. Thereafter, you left Lamokis and ran after Roselyn. That is when Lamokis ran away toward a small village but did not go into the village, as she was naked and also because of the injuries to both of her legs. She could not withstand it any longer and she fell down and collapsed unconscious at a coffee garden. Help eventually came to her when Pastor Bill Moses' sister brought a skirt to her, followed by the pastor carrying her to the prayer house. She did not know what happened next until she woke up at the Brukam Health Center, when she realized that she was under...