The State v Ambe Tu (2008) N3306
| Jurisdiction | Papua New Guinea |
| Date | 11 March 2008 |
| Citation | (2008) N3306 |
| Docket Number | CR NO. 30 of 2007 |
| Court | National Court |
| Year | 2008 |
Full Title: CR NO. 30 of 2007; The State v Ambe Tu (2008) N3306
National Court: Kandakasi, J
Judgment Delivered: 11 March 2008
DECISION ON SENTENCE
CRIMINAL LAW—Sentence—Particular offence - Grievous bodily harm—Victim run away wife leaving husband with children—Victim having relationship with another man—Non legal provocation—Multiple cuts to victim’s body including both hands—Injuries life threatening—Victim left with serious disability in the use of both of her hands - Guilty plea—First time offender—Prevalence of offence - No compensation paid—No pre-sentence report - Custodial sentence appropriate—Sentence of 4 imposed—Criminal Code s. 319.
Cases cited:
The State v Vincent Naiwa (22/06/04) N2710; The State v. Isaac Wapuri [1994] PNGLR 271; The State v Philip Susuve Raipa [1994] PNGLR 458; The State v. Nickson Pari (N0.2) (10/01/00) N2033; The State v Kenny Reuben Irowen [2002] PNGLR 190; The State v Henry Idab (17/12/01) N2172; The State v. Eddie John Naopa (24/04/03) N2411; The State v. Tamumei Lawrence, Koloata James and Tobia Thomas (08/02/07) N3117.
11 March, 2008
1. KANDAKASI J: You pleaded guilty to a charge of causing grievous bodily harm to your wife, Helena Skwin on 18 March 2007 at Grengas Corner, Kiunga, Western Province.
2. Following your guilty plea, the State admitted into evidence, with your consent, the District Court depositions. Having read the depositions, I was satisfied that, there was sufficient evidence supporting the charge and your guilty plea. Proceeding on that basis, I accepted and confirmed your guilty plea and had you convicted on the charge of grievous bodily harm as presented under s. 319 of the Criminal Code. I then invited you and the State to address the Court on sentence and you both did. After that, I reserved a decision on your sentence to today. This constitutes the Court’s decision on your sentence.
Relevant Facts
3. Before anything else, I turn to consideration of the relevant facts. You have been married to your then wife and victim Helena Skwin since 1992. Problems between you and her arose over your wife running off with another man leaving you with your two children. Your wife was at the relevant time, living with her sister at Grengas village. After taking care of the children on your own for a number of months, you went over to where your wife was on 18 March last year. When you got there, you questioned your wife as to why she left you. An argument between you and her developed which caused you to be angry, given the circumstances in which she had left you and the children. That caused you to get hold of a bush knife that was there and cut your wife repeatedly on her back and neck areas and her hands, causing multiple cuts and wounds with two...
To continue reading
Request your trial
-
The State v Thomson Titus (2011) N4671
...Kenny Reuben Irowen [2002] PNGLR 190; The State v Tamumei Lawrence (2007) N3117; The State v Tovita Mann (2009) N4028; The State v Ambe Tu (2008) N3306; The State v Yale Sambrai (2005) N2886; Ure Hane v The State [1984] PNGLR 105 SENTENCE 1. GABI, J: Introduction: The prisoner pleaded guilt......
-
The State v Yake Ate (2008) N3862
...State v Henry Idab (2001) N2172; The State v Eddie John Naopa (2003) N2411; The State v Tamumei Lawrence (2007) N3117; The State v Ambe Tu (2008) N3306; Public Prosecutor v Don Hale (1998) SC564; Edmund Gima and Siune Arnold v The State (2003) SC730; The State v Marety Ame Gaidi (No 2) (200......
-
The State v David Carol (2009) N3762
...Darius Taulo (2001) N2034; The State v To Paran Walagur Cr.No.1760 of 2003; The State v Gibson Mondo [2002] PNGLR 580; The State v Ambe Tu (2008) N3306 1. LENALIA, J: The accused pleaded guilty to one count of unlawfully causing grievous bodily harm to Augustina Carol on 20th August 2008. T......
-
The State v Junior Arewes Mazakmat (2013) N8399
...v. The State (No.3) [1982] PNGLR 92 Goli Golu v. The State [1979] PNGLR 653 Kesino Apo v. The State [1988] PNGLR 182 The State v. Ambe Tu (2008) N3306 The State v. Amos Kiap (2003) N2452 The State v. Forokahe Yamugara (2004) N2764 The State v. Jonathan Sokai (2002) N2334 The Stae v. Larsen ......
-
The State v Thomson Titus (2011) N4671
...Kenny Reuben Irowen [2002] PNGLR 190; The State v Tamumei Lawrence (2007) N3117; The State v Tovita Mann (2009) N4028; The State v Ambe Tu (2008) N3306; The State v Yale Sambrai (2005) N2886; Ure Hane v The State [1984] PNGLR 105 SENTENCE 1. GABI, J: Introduction: The prisoner pleaded guilt......
-
The State v Yake Ate (2008) N3862
...State v Henry Idab (2001) N2172; The State v Eddie John Naopa (2003) N2411; The State v Tamumei Lawrence (2007) N3117; The State v Ambe Tu (2008) N3306; Public Prosecutor v Don Hale (1998) SC564; Edmund Gima and Siune Arnold v The State (2003) SC730; The State v Marety Ame Gaidi (No 2) (200......
-
The State v David Carol (2009) N3762
...Darius Taulo (2001) N2034; The State v To Paran Walagur Cr.No.1760 of 2003; The State v Gibson Mondo [2002] PNGLR 580; The State v Ambe Tu (2008) N3306 1. LENALIA, J: The accused pleaded guilty to one count of unlawfully causing grievous bodily harm to Augustina Carol on 20th August 2008. T......
-
The State v Junior Arewes Mazakmat (2013) N8399
...v. The State (No.3) [1982] PNGLR 92 Goli Golu v. The State [1979] PNGLR 653 Kesino Apo v. The State [1988] PNGLR 182 The State v. Ambe Tu (2008) N3306 The State v. Amos Kiap (2003) N2452 The State v. Forokahe Yamugara (2004) N2764 The State v. Jonathan Sokai (2002) N2334 The Stae v. Larsen ......