The State v Albina Sinowi (2001) N2175

JurisdictionPapua New Guinea
Citation(2001) N2175
Date13 December 2001
CourtNational Court
Year2001

Full Title: The State v Albina Sinowi (2001) N2175

National Court: Kandakasi J

Judgment Delivered: 13 December 2001

1 CRIMINAL LAW—Sentence—Unlawful wounding causing bodily harm to co–wife—Victim leaving her children with prisoner on more than one occasion each time getting angry and run away with money meant for the family—Prisoner forced to feed children and family from her own efforts—Victim hit once with iron rode—Fracture to left ulna—Guilty plea—First time offender—Customary compensation of K1000.00 paid to victim—Since commission of offence victim and prisoner living together in one house without any difficulty—Expression of genuine remorse—6 months suspended sentence imposed—Criminal Code s340 and s19.

2 The State v Ngetto Rex Rongo (2000) N2035 and The State v Kopiwan Pupuni (1998) N1709 referred to

___________________________

Kandakasi J: You pleaded guilty yesterday to one count of unlawful assault of one Helen Sinowi, who is your co–wife (that is you and the victim are married to the same husband, Mr Sinowi) contrary to s340 of the Criminal Code.

The Facts

The offence was committed on 10 June 2001. It took place at Koiruo Camp, Kaindi, which is not far from here. You were angered by Helen Sinowi who is your husband's second wife when she left the third time with 5 of her children including an a baby for you to take care of following an argument with the husband. On two occasions before, she did the same after she had an argument with the husband. On each occasion she left no food for the children. She simply did not care and left the children. You therefore took on the responsibility of look for food and feed the family and nurse the small baby.

The husband did nothing to stop Helen Sinowi from her conduct. You therefore, decided to teach her a lesson on the third occasion. So when she came home from her village early in the morning, you start a fight with her. In the course of the fight, you picked up a piece of iron that was there and hit Helen Sinowi on her left forearm. That resulted in a fracture of her left ulna. Medical evidence confirms the broken arm and its treatment.

Helen Sinowi reported the assault on her to the police sometime later. On the basis of her report, you were...

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13 practice notes
  • Otto Benal Magiten for and on Behalf of Himself and his Five Children v Bernadette Beggie and Benedict Wahiginim Magiten (2005) N2908
    • Papua New Guinea
    • National Court
    • October 21, 2005
    ...265, Supreme Court Reference No 2 of 2004; Special Reference by the Morobe Provincial Executive (2005) SC785, The State v Albina Sinowi (2001) N2175, The State v Drikore Yuana Peter [2000] PNGLR 307, The State v Joseph Kule [1991] PNGLR 404 referred to The plaintiff commenced proceedings al......
  • The State v Sam Piapin (2009) N3585
    • Papua New Guinea
    • National Court
    • February 18, 2009
    ...v Darius Taulo (2001) N2034; The State v Nickson Pari (No 2) (2001) N2033; The State v Henry Idab (2001) N2172; The State v Albina Sinowi (2001) N2175; The State v Kenny Reuben Irowen [2002] PNGLR 190; The State v Lucas Huliahwere (2004) N2544; The State v Redford Bubura (2004) N2577; The S......
  • Thress Kumbamong v The State (2008) SC1017
    • Papua New Guinea
    • Supreme Court
    • September 29, 2008
    ...this problem and the problems associated with polygamy. The National Court re-echoed those calls in the case of The State v. Albina Sinowi (2001) N2175, in the context of a polygamous marriage in these terms: “…Presently there are calls for an end to polygamy or marrying more than one wife.......
  • The State v Ben Wafia, George Wena, Simon Konga and Leslie Puka (No 2) (2004) N2547
    • Papua New Guinea
    • National Court
    • March 5, 2004
    ...PNGLR 271, The State v Tony Pandau Hahuahori (No 2) (2002) N2186, The State v Tom Keroi Gurua (2002) N2312, The State v Albina Sinowi (2001) N2175, The State v Robert Kawin (2001) N2167, The State v Timothy Tio (2002) N2265, Allan Peter Utieng v The State (2000) SCR15 of 2000 (Unreported an......
  • Request a trial to view additional results
13 cases
  • Otto Benal Magiten for and on Behalf of Himself and his Five Children v Bernadette Beggie and Benedict Wahiginim Magiten (2005) N2908
    • Papua New Guinea
    • National Court
    • October 21, 2005
    ...265, Supreme Court Reference No 2 of 2004; Special Reference by the Morobe Provincial Executive (2005) SC785, The State v Albina Sinowi (2001) N2175, The State v Drikore Yuana Peter [2000] PNGLR 307, The State v Joseph Kule [1991] PNGLR 404 referred to The plaintiff commenced proceedings al......
  • The State v Sam Piapin (2009) N3585
    • Papua New Guinea
    • National Court
    • February 18, 2009
    ...v Darius Taulo (2001) N2034; The State v Nickson Pari (No 2) (2001) N2033; The State v Henry Idab (2001) N2172; The State v Albina Sinowi (2001) N2175; The State v Kenny Reuben Irowen [2002] PNGLR 190; The State v Lucas Huliahwere (2004) N2544; The State v Redford Bubura (2004) N2577; The S......
  • Thress Kumbamong v The State (2008) SC1017
    • Papua New Guinea
    • Supreme Court
    • September 29, 2008
    ...this problem and the problems associated with polygamy. The National Court re-echoed those calls in the case of The State v. Albina Sinowi (2001) N2175, in the context of a polygamous marriage in these terms: “…Presently there are calls for an end to polygamy or marrying more than one wife.......
  • The State v Ben Wafia, George Wena, Simon Konga and Leslie Puka (No 2) (2004) N2547
    • Papua New Guinea
    • National Court
    • March 5, 2004
    ...PNGLR 271, The State v Tony Pandau Hahuahori (No 2) (2002) N2186, The State v Tom Keroi Gurua (2002) N2312, The State v Albina Sinowi (2001) N2175, The State v Robert Kawin (2001) N2167, The State v Timothy Tio (2002) N2265, Allan Peter Utieng v The State (2000) SCR15 of 2000 (Unreported an......
  • Request a trial to view additional results

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