The State v Patrick Kimat (2005) N2947

• Jurisdiction: Papua New Guinea
• Date: 24 November 2005
• Citation: (2005) N2947
• Docket Number: CR 1760/05
• Court: National Court
• Year: 2005

Full Title: CR 1760/05; The State v Patrick Kimat (2005) N2947

National Court: Lay J

Judgment Delivered: 24 November 2005

1 CRIMINAL LAW—grievous bodily harm—Criminal Code s319—sentence—single blow with bush knife—cut to forehead—fracture of frontal bone—first time offender—guilty plea—post plea threats to victim—12 months imprisonment wholly suspended on terms.

2 John Jaminen v State [1983] PNGLR 122, The State v Kenny Reuben Irowen [2002] PNGLR 190, The State v Henry Idab (200) N2172, The State v David Saun [2003] PNGLR 198, The State v Rose Yahriha N1741 (Bidar AJ), The State v Kopiwan Pupuni N1709, The State v Albina Sinowi N2175, The State v Thomas Waim [1988] PNGLR 360 referred to

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Lay J: The Defendant was convicted on a plea of guilty of one count of grievous bodily harm contrary to the provisions of s319 of the Criminal Code.

Before accepting the plea I raised with the Defendant's counsel that there was a suggestion in the record of interview that the Defendant acted in self defence or upon provocation. Counsel informed me he had taken instructions and was satisfied that the facts did not support self defence or provocation in the legal sense and he had instructions to take those matters up in submissions. Nothing was advanced by counsel in submissions on those issues. After submissions, having received the pre sentence report I noted that the allegations which might support a defence of provocation or self defence were repeated by the defendant to the Probation Officer. I again raised the matter with counsel who advised he was satisfied that he had taken full instructions and the allegations concerning provocation or self defence did not form part of his instructions. I have therefore accepted that the Defendant is not prepared to put to this court as truth, the exculpatory allegations he has made to others.

The facts put to the Defendant on...