The State v Michael Tangip (2012) N4782

• Jurisdiction: Papua New Guinea
• Date: 10 September 2012
• Citation: (2012) N4782
• Docket Number: CR No.1424 of 2009
• Court: National Court
• Year: 2012

Full Title: CR No.1424 of 2009; The State v Michael Tangip (2012) N4782

National Court: David, J

Judgment Delivered: 10 September 2012

CRIMINAL LAW—sentence—unlawful doing grievous bodily harm—multiple injuries inflicted on victim’s right leg—right lateral crucial ligament and arteries in the region lacerated - tibia and fibula bones exposed—wounds cleansed with bethadine - internal and external stitches applied - drainage tube inserted - high dosages of antibiotics and analgesics administered—restriction of mobility - performance of household or domestic chores including gardening, church and other social activities greatly affected—use of crutches to walk for rest of life—scarring - flexing and extension of the right knee restricted - poor immobility of the third, fourth and fifth toes of the right leg - muscles wasting in right leg - 75% deformity in right leg at last review - long term physiotherapy required - prisoner believed victim caused death of daughter through sorcery - prisoner and victim are in-laws - factors in mitigation and aggravation equal—factors in aggravation outweigh those in mitigation - sentence of 5 years imprisonment in hard labour—period in custody deducted—remaining term suspended on terms - Criminal Code, s319.

Cases cited:

Goli Golu v The State [1979] PNGLR 653; Public Prosecutor v Thomas Vola [1981] PNGLR 412; Avia Aihi v The State (No 3) [1982] PNGLR 92; Public Prosecutor v Tardrew [1986] PNGLR 91; The State v Frank Kagai [1987] PNGLR 320; Gimble v The State [1988–89] PNGLR 271; Kwayawako v The State [1990] PNGLR 6; Lawrence Simbe v The State [1994] PNGLR 38; Public Prosecutor v Don Hale (1998) SC564; The State v Peter Erne (1999) N1939; The State v Henry Idab (2001) N2172; Edmund Gima and Siune Arnold v The State (2003) SC730; John Baipu v The State (2005) SC796; Irai Thomas v The State (2007) SC867; Richard Liri v The State (2007) SC883; The State v Steven Dua, CR. No.1525 of 2006, Unreported & Unnumbered Judgment of David, J delivered on 16 August 2007 at Mt. Hagen; The State v Ali Kawa Job, CR 1189 of 2006, Unreported & Unnumbered Judgment of David J delivered on 15 December 2009 at Kundiawa

SENTENCE

1. DAVID, J: The prisoner was charged with one count of unlawful doing grievous bodily harm contrary to s319 of the Criminal Code, the State alleging that on Saturday, 21 February 2009 at Banz, Jiwaka Province in Papua New Guinea, he unlawfully did grievous bodily harm to one Theresa Paul, (the victim). On Wednesday, 15 August 2012, I convicted the prisoner after he entered a plea of guilty.

2. After administering the allocutus, I directed that a pre-sentence report be compiled and filed by the Probation Service, Mt. Hagen branch by Tuesday, 4 September 2012 at the request of the prisoner made through his counsel, Mr. Kos. Submissions on sentence were reserved pending the filing of the report. The report was duly compiled and filed as directed and I thank Ms. Theresa Puk, Probation Officer for her assistance.

3. I heard submissions on sentence on Thursday, 6 September 2012 and reserved to pass sentence on the prisoner today. This is the sentence of the Court.

4. The prisoner appears before me for sentence from bail.

5. The maximum penalty prescribed for this offence is, subject to s19 of the Code, imprisonment for a term not exceeding 7 years.

6. Applying the principle of proportionality, i.e., a man must be given the sentence appropriate to his crime (as to both harm done and culpability) and no more, the maximum penalty is usually reserved for the worst sort of cases of unlawful doing grievous bodily harm: see Goli Golu v The State [1979] PNGLR 653 and Avia Aihi v The State (No 3) [1982] PNGLR 92.

7. It is also settled law that each case must be decided on its own facts: see Lawrence Simbe v The State [1994] PNGLR 38.

8. The short facts presented to the Court to which the prisoner pleaded guilty on arraignment were these. There was an ongoing feud between the prisoner and the victim. The prisoner suspected that the victim was a sorceress and he believed that the victim was responsible for the death of her eldest child, a female. On the morning of Saturday, 21 February 2009, the prisoner saw the victim at the Banz bus stop. Two of his accomplices held the victim by her arms and dragged her towards the back road. The victim put up a struggle and managed to hold onto a pole. The prisoner then attacked her with a bush knife slashing her right leg a number of times in the course. The victim was later taken to the hospital for treatment.

9. Three medical reports form part of the depositions. One was provided by Dr. Anthony Nasai, Surgical Registrar of the Wabag General Hospital dated 30 June 2009. The other two were provided by Dr. Smee Rank, Senior Clinician of the Mt. Hagen General Hospital, one dated 11 August 2009 and the other dated 1 October 2009.

10. These reports reveal that the victim was brought to the Accident & Emergency Department of the Mt. Hagen General Hospital after the incident on Saturday, 21 February 2009 and treated. Clinical examination revealed that the victim received multiple lacerations to her right leg/knee and was bleeding heavily from these wounds. The right lateral crucial ligament and arteries in the region were lacerated and the tibia and fibula bones exposed. The wounds were carefully cleansed with bethadine, internal and external...