The State v Abel City Ya Kund and CR NO 1269 OF 2009; The State v Wali Pyakai (2011) N4262

• Jurisdiction: Papua New Guinea
• Date: 18 April 2011
• Citation: (2011) N4262
• Docket Number: CR NO 1268 OF 2009
• Court: National Court
• Year: 2011

Full Title: CR NO 1268 OF 2009; The State v Abel City Ya Kund and CR NO 1269 OF 2009; The State v Wali Pyakai (2011) N4262

National Court: Makail, J

Judgment Delivered: 18 April 2011

CRIMINAL LAW - Sentence - Plea - Unlawful grievous bodily harm - Multiple offenders - Attack on unsuspecting victim - Serious injuries - Permanent loss of teeth - No use of offensive weapons - First offenders - Remorseful - Payment of substantial compensation - Non custodial sentence imposed - Criminal Code, Ch 262 - s19 & s319.

Cases cited:

The State v Eddie John Naopa (2003) N2411; The State v Henry Idab (2001) N2172; The State v Kenny Reuben Irowen [2002] PNGLR 190; The State v Benjamin Sawali (2010) N4099

SENTENCE

18th April, 2011

1. MAKAIL, J: The two offenders pleaded guilty to one count of unlawful grievous bodily harm caused to Michael Kunai on the night of 28th May 2009 at Tit camp in Mt Hagen under s319 of the Criminal Code, Ch 262. They were convicted on their guilty plea.

2. On that day, they had visited a relative named Noipa Pok at Tit camp in Mt Hagen. Sometimes before that date, the daughter of Noipa Pok called Pamela Pok was a victim of a rape incident. The victim in this case was a neighbour of Noipa Pok and on that night between 11 and 12 midnight, visited Pamela. They talked for sometimes and suddenly the offender Abel City Ya Kund appeared followed by the offender Wali Pyakai. They mistook the victim for a rascal or the person who raped Pamela and attacked him. As a result of the attack, the victim suffered multiple bruises...