The State v Thomson Titus (2011) N4671

• Jurisdiction: Papua New Guinea
• Date: 23 August 2011
• Citation: (2011) N4671
• Docket Number: CR No. 462 of 2011
• Court: National Court
• Year: 2011

Full Title: CR No. 462 of 2011; The State v Thomson Titus (2011) N4671

National Court: Gabi, J

Judgment Delivered: 23 August 2011

CRIMINAL LAW - sentencing - unlawfully causing grievous bodily harm - Criminal Code, s319 - guilty plea - victim assaulted by prisoner and an accomplice - victim chopped on right wrist by prisoner with a long bushknife - sentence of 7 years

Cases Cited:

John Elipa Kalabus v The State [1988] PNGLR 193; Kali Mari v The State (1980) SC175; Paulus Mandatitop & Another v The State [1978] PNGLR 126; Public Prosecutor v Don Hale (1998) SC564; The State v Lionel Gawi (2005) N2951; The State v Vincent Naiwa (2004) N2710; The State v Nickson Pari (No 2) (2001) N2033; The State v Peter Pepa (2010) N4146; The State v Redford Bubura (2004) N2577; The State v Kenny Reuben Irowen [2002] PNGLR 190; The State v Tamumei Lawrence (2007) N3117; The State v Tovita Mann (2009) N4028; The State v Ambe Tu (2008) N3306; The State v Yale Sambrai (2005) N2886; Ure Hane v The State [1984] PNGLR 105

SENTENCE

1. GABI, J: Introduction: The prisoner pleaded guilty to unlawfully causing grievous bodily harm contrary to s319 of the Criminal Code. The offence attracts a maximum penalty of seven (7) years.

Facts

2. On 25th February 2011, there was a fight between two (2) groups of youths from Ward 3 and Ward 4 at Lorengau town in Manus Province. The fight occurred during the day and was subsequently stopped. In the evening, between the hours of 8.00 pm and 9.00 pm, the prisoner and a friend, Geno Jonah, were walking towards Lorengau Bridge, and met the victim, Charlie Kase, on the way. The victim and the prisoner never took part in the fight during the day. The victim was going to visit relatives at Ward 4. The prisoner and his accomplice confronted the victim and started to assault him. The prisoner, who was armed with a long bush knife, chopped off the victim’s right wrist. He has 100% permanent loss of his right wrist and hand due to amputation.

Antecedent Report

3. The prisoner is not a first time offender. He was convicted of drunk and disorderly...