The State v Brian Delga Kiap

• Jurisdiction: Papua New Guinea
• Citation: (2015) N6102
• Date: 08 October 2015
• Court: National Court
• Year: 2015

Full : CR No.374 of 2015; CR No.375 of 2015; The State v Brian Delga Kiap & Jeffrey Kop (2015) N6102

National Court: David, J

Judgment Delivered: 8 October 2015

CRIMINAL LAW—sentence—doing grievous bodily harm, with intent to do grievous bodily harm—one count - plea of guilty - Criminal Code, s315.

The offenders attacked the male victim with bush knives and inflicted multiple life-threatening injuries to him including serious cuts and fractures to the victim’s right ankle inclusive of the lower tibia and head. The victim was hospitalised for more than two months as a result. They pleaded guilty to doing grievous bodily harm with intent to do grievous bodily harm and were convicted. The victim refused to accept any compensation from the offenders and expressed the desire that they be imprisoned.

Held:

1. Mitigating factors are; they are first offenders; they saved the Court’s time by their pleas of guilty; they expressed genuine remorse; this was an incident in which there was a moderate amount of de facto provocation offered by the victim; this was an isolated incident; each offender inflicted a cut on the victim; the victim is a relative; until the offence, the offenders had previous good records; and the offenders attempted to pay compensation to mend and restore relationships, but was rejected by the victim.

2. Aggravating factors are; use of dangerous and lethal weapons; the victim sustained serious life-threatening multiple injuries to vulnerable parts of his body including serious cuts and fractures to the victim’s right ankle including lower end of tibia and head; permanent injury to the right ankle; it was a vicious attack; the offenders acted in the company of each other; the victim was attacked at his home; the offenders caused damage to his house by breaking down the door to gain entry; both are not youthful offenders, not unsophisticated and reasonably educated to have moral consciences which should tell them what was right and wrong; and the offence was prevalent. Being a pastor was an additional factor held against Brian Delga Kiap.

3. Sentences of seven years imprisonment in hard labour were imposed, partly suspended on terms.

Cases cited:

Avia Aihi v The State (No 3) [1982] PNGLR 92

Edmund Gima and Siune Arnold v The State (2003) SC730

Goli Golu v The State [1979] PNGLR 653

Lawrence Simbe v The State [1994] PNGLR 38

Public Prosecutor v Don Hale (1998) SC564

Public Prosecutor v William Bruce Tardrew [1986] PNGLR 91

Richard Liri v The State (2007) SC883

The State v So'on Taroh (2004) N2675

The State v Steven Moni (2006) PGNC 109; CR 293-297 of 2004, a judgment delivered by Cannings J at Kimbe on 19 December 2006

The State v Tamumei Lawrence (2007) N3117

The State v Peter Pepa (2010) N4146

Ure Hane v the State [1984] PNGLR 105

SENTENCE

1. DAVID, J: The offenders, Brian Delga Kiap and Jeffery Kop pleaded guilty to doing grievous bodily harm with intent to do grievous bodily harm to the victim, Peter Ulg and both were convicted under Section 315(b) and (d) of the Criminal Code.

2. The incident occurred at Kuia village, Mt. Hagen in the Western Highlands Province on 26 July 2014 at about 7:00 o’clock in the morning. The two offenders, whilst in the company of another accomplice, all armed themselves with bush knives and proceeded to the victim’s house to settle a land dispute matter that they had with the victim’s family. When the victim saw the offenders and their accomplice coming to his house, he went inside the house and locked the door. Realising that the victim had locked them out, the offenders and their accomplice proceeded onto the veranda of the house, broke down the door and entered the house. The victim reacted by running out and grabbing one of the offenders in an attempt to protect himself, but it was too late as they chopped him on his head with a bush knife they had. They then chopped him on his right leg at the ankle and nearly chopped it off. The victim...