The State v Rose Yapriha

• Jurisdiction: Papua New Guinea
• Citation: (1997) N1741
• Date: 16 December 1997
• Court: National Court
• Year: 1997

National Court: Bidar AJ

Judgment Delivered: 16 December 1997

1 Criminal law—Unlawful Assault—Grievous Bodily Harm—Self defence—Onus of proof—Criminal Code s319, s270, s271. Constitution Sch2.2

2 Woolmington v DPP [1935] AC 462, Chan Kau v R [1955] AC 206, R v Howe [1958] 100 CLR 448 and R v David Daure [1967–68] PNGLR 19 referred to

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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 s319 of the Criminal Code (Ch262).

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 s563 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...