The State v Lionel Gawi (2005) N2951

• Jurisdiction: Papua New Guinea
• Date: 26 September 2005
• Citation: (2005) N2951
• Docket Number: CR No 1481 of 2005
• Court: National Court
• Year: 2005

Full Title: CR No 1481 of 2005; The State v Lionel Gawi (2005) N2951

National Court: Kandakasi J

Judgment Delivered: 26 September 2005

1 CRIMINAL LAW—Sentence—Grievous bodily harm with intent—Use of dangerous weapon—Group attack—Guilty plea—Prior conviction for dangerous driving causing death—Unlicensed to drive—Unsatisfactory pre–sentence report—Custodial sentence appropriate

2 The State v Irox Winston [2003] PNGLR 331 The State v Isaac Wapuri [1994] PNGLR 271 The State v Philip Susuve Raipa [1994] PNGLR 458 The State v Nickson Pari (No 2) (10/01/00) N2033 The State v Darius Taulo (15/12/00) N2034 The State v Kenny Reuben Irowen [2002] PNGLR 190 The State v Eddie John Naopa (24/04/03) N2411 Allan Peter Utieng v The State (Unreported judgment delivered in Wewak on 23/11/00) SCR 15 of 2000 referred to

DECISION ON SENTENCE

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Kandakasi J: You pleaded guilty to a charge of grievous bodily harm with intent contrary to s315 of the Criminal Code.

The Facts

From the District Court depositions, admitted into evidence with your consent, the relevant facts are straightforward. On Friday 13 May 2005, around midday, a Noel J Gumbat, the victim of your offence, was walking toward a Kanora's house. At that point, you with a group of boys called him out and invited him to the Boram Beach, in front of Luke Club. The victim obliged and when he got there, you started to attack him so suddenly with a home made metal axe several times on his head.

Another young man amongst your group also attacked the victim with a piece of wood, which had nails on it. The others started to kick, punch and steal from the victim about K20.00 and other personal properties he had with him. He managed to successfully free himself from you and the rest of the members of your group and run away into the safety of his house. From there, the victim's parents and relatives found him in blood from your beating him. They therefore, rushed him to the hospital, where he was appropriately treated and discharged. A medical report dated 17 May 2005, confirms the victim sustaining injuries to his scalp, described as a 10–20 cm laceration and a 1 x 1 cm cut on his hand. He appears to have recovered well with no disability.

There is a pre–sentence report form the Community Correction and Rehabilitation Services dated 8 September 2005. That report states that your mother paid K200.00 in "belkol" and your family paid a further K1,000.00 in compensation to the victims side. Documents evidencing these payments and input to the report from the victim's side confirm the payments. They also confirm that the victim and your side...