The State v Yale Sambrai (2005) N2886

• Jurisdiction: Papua New Guinea
• Citation: (2005) N2886
• Date: 21 July 2005
• Court: National Court
• Year: 2005

Full Title: The State v Yale Sambrai (2005) N2886

National Court: Sawong J

Judgment Delivered: 21 July 2005

1 Criminal Law—Causing grievous bodily harm—Intention to cause grievous bodily harm—Sentence—Plea of Guilty—2 Years imprisonment.

2 The State v Inapero Susure (1999) N1880 referred to

FACTS

The prisoner had an argument with the victim. But a few hours later, he met the victim and using a bush knife, cut the victim on the head from the back inflicting serious bodily injury.

HELD

(1) The offence is a serious crime of violence, because it involves the intention to cause someone grievous bodily harm.

(2) As such it calls for an immediate custodial sentence.

Decision

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Sawong J: The accused pleaded guilty to a charge that he on 26 June 2004 at Bugati in Papua New Guinea with intent to cause grievous bodily harm to one, JULIUS ELISON did cause grievous bodily harm to the said Julius Elison. He was indicted under s315(b) and (c) of the Criminal Code, as amended to date.

The facts are these. On the early morning of 26 June 2004, the prisoner told the victim to cut some posts for him. Thereafter there was some argument between the two of them. After that the prisoner left his house and went to a hamlet called Gulaging. He was sitting when the victim also arrived there. Upon arriving there, the victim and two other men decided to go and watch a game of soccer at a nearby village. The three of them left for Male village. As they started walking towards Male village, the accused followed them and came behind and cut the victim on the back of the head with a bush knife he was armed with. He inflicted serous injury which caused the victim to fall down unconscious. The victim is his brother in–law.

The...