The State v Tovita Mann (2009) N4028

• Jurisdiction: Papua New Guinea
• Date: 23 April 2009
• Citation: (2009) N4028
• Docket Number: CR NO. 1076 OF 2007
• Court: National Court
• Year: 2009

Full Title: CR NO. 1076 OF 2007; The State v Tovita Mann (2009) N4028

National Court: Injia, CJ

Judgment Delivered: 23 April 2009

CRIMINAL LAW—particular offence—unlawfully causing grievous bodily harm—mitigating and aggravating factors considered—five (5) years imprisonment imposed less time spent in pre-trial custody—criminal Code s319 and s19

Cases Cited:

Acting Public Prosecutor v Nitak Mangilonde Taganis [1982] PNGLR 299; The State v Redford Bubura (2004) N2577; The State v Kenny Reuben Irowen [2002] PNGLR 190

23rd April, 2009

1. INJIA, CJ: The accused was committed to stand trial by the District Court at Kerema on 18th October 2007. On 25th March 2009, he pleaded guilty to an indictment containing one count of unlawfully causing grievous bodily harm under s319 of the Criminal Code.

2. The maximum punishment for this crime is 7 years imprisonment. The Court has a general discretion to impose a lower sentence with or without other forms of punishment enumerated in s19 of the Criminal Code.

3. The short facts are that in the afternoon of 6th June, 2006 at Moveave village, Gulf Province, the accused attacked the victim one Miai Hoape and cut him with a bushknife. The reason for the attack was that he had a dispute with the victim in which the victim said he would kill the accused. He cut the victim in fear of his own life: see Record of Interview answers to questions No. 11 & 12. The accused cut the victim twice. At that time the victim was holding a baby in his arms when the accused chased him and cut him: see answers to...