The State v Justin Ipa (2008) N3439

• Jurisdiction: Papua New Guinea
• Date: 22 August 2008
• Citation: (2008) N3439
• Docket Number: CR NO 1135 0F 2008
• Court: National Court
• Year: 2008

Full Title: CR NO 1135 0F 2008; The State v Justin Ipa (2008) N3439

National Court: Cannings J

Judgment Delivered: 22 August 2008

SENTENCE

CRIMINAL LAW – grievous bodily harm – Criminal Code, s319 – sentence on plea of guilty – 3 years.

A man pleaded guilty to doing grievous bodily harm to another man by slashing his face with a bushknife. The victim provoked the incident by throwing a full beer bottle at the offender.

Held:

(1) The starting point for sentencing purposes is in the middle of the available range: 42 months imprisonment.

(2) A sentence of three years was imposed, none of which was suspended.

Cases cited

The following cases are cited in the judgment:

Saperus Yalibakut v The State (2006) SC890; The State v Charles Kaona CR 459/2007, 24.08.07; The State v Bob Ananias CR 1413 + 1414/2003, 20.04.06; The State v Ludwina Waiguma (2007) N3188; The State v Nicodemus Badui CR 683/2007, 17.08.07; The State v Ria Bernard CR 374/2005, 20.05.05; The State v Rodney Gela and Clarence Logi CR 1300 + 1301/2005, 27.10.05

Abbreviations

The following abbreviations appear in the judgment:

cm – centimetre

CR – Criminal

GBH – grievous bodily harm

J – Justice

K – kina

N – National Court judgment

No – number

SCRA – Supreme Court Criminal Appeal

SDA – Seventh Day Adventist

v – versus

SENTENCE

This was a judgment on sentence for grievous bodily harm.

1. CANNINGS J: Justin Ipa, a 19-year-old school student, has pleaded guilty to doing grievous bodily harm to a 34-year-old man, Lambert Talingapua, an auditor with the West New Britain Provincial Government.

2. The incident happened on a Saturday night in the Kimbe suburb of Section 10 in September 2007. Justin went with a friend to a nearby liquor shop to buy beer. Around the same time Lambert went to the same shop, also to buy beer, and also with a friend.

3. Lambert and his friend were walking back to their house, with two cartons of beer, when they were suddenly confronted by a group of youths who reefed the cartons from them and ran off. Lambert looked around and saw Justin – who happened to be standing there, waiting for his friend to come out of the liquor shop – and, thinking that Justin was with the group that had just stolen his beer, threw a full bottle of beer at him. He missed. But Justin, who was already under the influence of liquor, was angered by Lambert’s actions. He was carrying a short bushknife and retaliated by swinging it at Lambert, striking him on his left cheek and inflicting a serious injury: a 10 cm long wound, 1 cm deep.

4. Lambert had to be given emergency hospital treatment. According to a report by Dr Joseph Nale of Kimbe General Hospital, Lambert has been left with a permanent facial disfigurement and will have difficulties chewing food, with no guarantee of improvement.

5. Though there was an element of provocation involved, Justin’s actions were unlawful. I accepted the guilty plea and convicted him of unlawfully doing grievous bodily harm, an offence under Section 315 of the Criminal Code.

ANTECEDENTS

6. The offender has no prior convictions.

ALLOCUTUS

7. The offender was given the opportunity to say what matters the court should take into account when deciding on punishment. He said:

I was innocent. Lambert should have retaliated against the people who took his beer. It was not me. However, I apologise for what I have done. I ask for mercy.

OTHER MATTERS OF FACT

8. As the offender has pleaded guilty he will be given the benefit of the doubt on mitigating matters raised in the depositions, the allocutus or in submissions that are not contested by the prosecution (Saperus Yalibakut v The State SCRA No 52 of 2005, 27.04.06). In that regard, I will take into account that:

• The victim provoked him.

• He surrendered to the police and co-operated with them.

• He has paid some compensation to the victim (K2,630.00 cash).

PRE-SENTENCE REPORT

9. A pre-sentence report prepared by the Kimbe branch of the Community Correction and Rehabilitation Service reveals that Justin has strong parental support...