The State v Kopiwan Pupuni

• Jurisdiction: Papua New Guinea
• Citation: (1998) N1709
• Date: 20 April 1998
• Court: National Court
• Year: 1998

National Court: Lenalia AJ

Judgment Delivered: 20 April 1998

1 Criminal Law—Grievous bodily harm—Plea—Sentence—Criminal Code (Ch262) s319

2 Criminal Law—Grievous bodily harm—Sentence—Matters for consideration—Taking other offences into account on sentence after being convicted—Criminal Code s603—May lead to increased sentence but not to exceed maximum penalty prescribed by law; Acting Public Prosecutor v Andrew Amona Yonnga [1981] PNGLR 314, adopted and applied, see also The State v Aiton Ipai (1977) N1629

3 Criminal Law—Practice—Taking into account other offences—State Prosecutor's consent—Accused must also consent—Admission of guilt in other outstanding charges—Certification on document filed under s603(4) of the Criminal Code

4 Acting Public Prosecutor v Andrew Amona Yonnga [1981] PNGLR 314 and The State v Aiton Ipai (1977) N1629 referred to

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Lenalia AJ: Kopiwan Pupuni, you pleaded guilty to one count of unlawfully causing grievous bodily harm to another female Alome Pupuni on 26 September, 1997 at Sakales village in the Tsap Valley area, Wapenamanda, Enga Province. The State says that this is an offence contrary to s319 of the Criminal Code.

The agreed facts are contained in the affidavit evidence of witnesses who gave statements to the investigating officer in the instant case. The State alleges that between 8 and 9 am on the relevant date, the victims Marry Pupuni and her daughter Julie Misakali were around in their house together with a son of the first victim and some of their in laws. Someone called to the first victim to come over to where the community was gathering for the purposes of Village Courts hearing or something of that nature and where the problem of the victim burning the accused's house was to be resolved. The victim left together with her little daughter to the house of a person by name Eyakali who is a member of the "Sindaon Gut Committee". Whilst there the victim asked Eyakali to come with them to where the members of the community were waiting. However due to Eyakali being very sick he explained to the victim that he could not go with them because he was sick.

The victim and her daughter were asked to eat together with the family of their Committee member so they sat down to eat. While the victims and Eyakali's family were eating the accused approached the two victims lifted up her bush knife and struck at the victim's daughter on her left leg. Upon seeing this all occupants of...