CR. 894 of 2011; The State v Mason Kinjon Karato (No. 2) (2012) N4832

• Jurisdiction: Papua New Guinea
• Citation: (2012) N4832
• Date: 19 October 2012
• Court: National Court
• Year: 2012

Full Title: CR. 894 of 2011; The State v Mason Kinjon Karato (No. 2) (2012) N4832

National Court: Gauli AJ

Judgment Delivered: 19 October 2012

CRIMINAL LAW—Sentence—Grievous bodily harm—Criminal Code, s315—Plea guilty—Used offensive weapon—Injured victim on the lower part of the leg—Injury not life threatening—No pre - planning—Acted alone—No prior conviction—Showed remorse—Sentenced to 3 years with part suspended on condition.

Cases Cited:

Goli Golu v The State [1979] PNGLR 653; Lawrence Simbe v The State [1994] PNGLR 38; The State v Lendeki Openkaly & Ors (Unreported) CR. 840 & 479 of 2011; (27 July 2012). Public Prosecutor v Terrence Kaveku [1977] PNGLR 110; The State v So'on Taroh (2004) N2675; The State v Inapero Susure (1999) N1880; The State v Martin Muru Cr No. 1632 of 2006; (19/04/2007); Manu Kovi v The State (2005) SC789; Thress Kumbamong v The State (2008) SC1017; The State v Peter Pepa (2010) N4146; The State v Yale Sambrai (2005) N2886; The State v “W” (2010) N3889

DECISION ON SENTENCE

1. GAULI AJ: The prisoner Mason Kinjon Karato is convicted on his plea of guilty to the alternative charge of doing grievous bodily harm, pursuant to ss315 (b) (d) of the Criminal Code. He pleaded not guilty to the principle charge of attempted murder, charged under s304 (a) of the Criminal Code. A trial was conducted, I found him not guilty of the attempted murder, but convicted him on the alternative charge of grievous bodily harm on his plea of guilty.

2. The brief facts are that on the 7th of February 2011 outside the Highlands Lutheran International School at Amapyak about 5.00 o’clock in the afternoon, the prisoner Mason Karato, suddenly and surprisingly attacked the victim Richard Kare with a bush knife. He approached him from the back and he cut the victim on the lower part of his right leg. The victim sustained a deep wound measuring 25cm long, the muscles completely severed and the fibula bone fractured.

THE LAW

3. The law that prescribes the offence of grievous bodily harm under s315 (b) (d) of the Criminal Code Act is as follows:

315 Acts intended to cause grievous bodily harm ...

A person who, with intent—

(b) to do some bodily harm to any person; or

or does any of the following things is guilty of a crime—

(d) unlawfully wounding or doing a grievous bodily harm to a person.

Penalty: Subject to s19, imprisonment for life.

4. The position of the law in regards to sentencing is well established by the Supreme Court in Goli Golu v. The State [1979] PNGLR 653, and applied and adopted by other cases later, that maximum penalty is reserved for the most serious category of any offence before the court. And that each case must be decided on its own facts and merits; see Lawrence Simbe v. The State [1994] PNGLR 38.

ANTECEDENT REPORT

He has no prior criminal records.

ALLOCUTUS

5. On allocutus, the prisoner said:

“I am a young Christian member of Four Square Church and I lead singing in the church. I wasn’t expecting this thing to happen. I was expecting those people to compensate my brother for the injury. When I saw the victim, I thought of that incident, so I cut him. I say sorry to this court and the victim for what I did. I will never do this again. Now I put myself in the hands of the court. I ask for the mercy of the court. I will compensate the victim. That is all.”

MITIGATING FACTORS

6. The prisoner’s mitigating circumstances are:

(a) He entered an early plea of guilty.

(b) He showed remorse.

(c) He is a Christian, a youth leader, leads praise and worship...