The State v Joseph Ping (2001) N2169

• Jurisdiction: Papua New Guinea
• Citation: (2001) N2169
• Date: 17 December 2001
• Court: National Court
• Year: 2001

Full Title: The State v Joseph Ping (2001) N2169

National Court: Kandakasi J

Judgment Delivered: 17 December 2001

1 CRIMINAL LAW—PRACTICE AND PROCEDURE—Pleading guilty to lesser charge of unlawful wounding from possible attempted murder or grievous bodily harm—Court to take facts disclosed in deposition into account for purposes of determining appropriate sentence—Plea bargaining already reduced substantially likely penalty if proceeded under more serious charge—No need to further reduce sentence—Maximum under lesser charge must be imposed.

2 CRIMINAL LAW—Customary compensation—Call for means assessment—Means assessment and pre–sentencing report recommending compensation—Compensation ordered with part suspended sentence on terms—Criminal Law (Compensation) Act 1991 s4—Criminal Code s19

3 CRIMINAL LAW—Sentencing—unlawful wounding—Use of a bush knife with intent to kill—Guilty plea—Joining in somebody else's fight uninvited—First time offender with no prior convictions—Sentence of 3 years with 2 years to be suspended on terms if compensation of K5,000.00 is paid within 6 months—Criminal Law (Compensation) Act 1991 s4—Criminal Code s322(1)(a) and s19—Criminal Law (Compensation) Act 1991 s2–s5.

4 The State v Sabarina Yakal [1988–89] PNGLR 129, The State v Jason Dongoma (2000) N2038, The State v Kennedy Arus (2001) N2081, The State v James Gurave Guba (2000) N2020, The State v Peter Yawoma (2001) N2032, The State v Attiock Ishmel (2001) N2294 and Allan Peter Utieng v The State (2000) SCR15 of 2000 (Unreported and unnumbered judgment of the Supreme Court delivered in Wewak on 23 November 2000) referred to

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Kandakasi J: You pleaded guilty to one count of unlawful wounding of one Bobby Yamrumbu on the 18 August 2001, contrary to s322 of the Criminal Code.

The law permits me to consider the evidence that has been presented against you per the depositions to determine an appropriate punishment for the offence you committed against Mr Yamrumbu in particular and the society or the county as a whole. For authorities on this see The State v Sabarina Yakal [1988–89] PNGLR 129, which I followed and applied in my own judgments in The State v Jason Dongoma (2000) N2038 and The...