The State v David Saun (2003) N2409

• Jurisdiction: Papua New Guinea
• Citation: [2003] PNGLR 198
• Date: 02 May 2003
• Court: National Court
• Year: 2003

Full Title: The State v David Saun (2003) N2409

National Court: Kandakasi J

Judgment Delivered: 2 May 2003

1 CRIMINAL LAW—Compensation—Compensation only relevant for mitigation purposes and does not excuse criminal liability or penalty—Evidence of compensation already paid—Prepared to pay further compensation—Means assessment necessary before making any orders for compensation—Means assessment report disclosing prisoner not personally having any means to pay but has ability to borrow and meet any orders for additional compensation—Compensation ordered conditional upon prisoner repaying by provision of supervised free labour.

2 CRIMINAL LAW—Sentence—Grievous bodily harm out of a drunken brawl—Prisoner attacked in retaliation—Victim rendered 30% permanently disabled one of the victim's eye—Guilty plea—No prior convictions—Customary compensation paid—Expression of remorse in Court—Probation report recommending compensation only—Sentence of 5 years part suspended imposed—Criminal Code s19 and s319.

3 The State v Abel Airi (2000) N2007, The State v Isaac Wapuri [1994] PNGLR 271, The State v Philip Susuve Raipa [1994] PNGLR 458, The State v Apa Kuman [2000] PNGLR 313, The State v Nickson Pari (No 2) (2001) N2033, The State v Darius Taulo (2001) N2034, The State v Kenny Reuben Irowen [2002] PNGLR 190, The State v Henry Idab (2001) N2172 and The State v Eddie John Naopa (2003) N2411 referred to

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Kandakasi J: You pleaded guilty to one charge of causing grievous bodily harm to another person, Titus Wrahambu at Maprik High School on 13 April 2000 contrary to s319 of the Criminal Code. Upon being satisfied that there was sufficient evidence supporting your guilty plea, I accepted your guilty plea and had you convicted of the charge.

Relevant Facts

The relevant facts are not in dispute. You were at the house of the then Headmaster of the Maprik High School on 13 April 2000 at about 9.00pm. There were teachers of the High School and other people. That was on an occasion of fundraising. One of the activities undertaken was the playing of a game of dart at K1.00 per play for a bottle of beer for the highest scorer. The victim, Mr Wrahambu turned up late and whilst at the fundraising, he consumed some alcoholic drinks at a faster rate. He then started some arguments with you and a Mr Waffi and started a fight with him. This then developed into a fight between you, Mr Waffi and a Momba on one side and the victim with a Mr Dingu on the other side. In the fight, Mr Dingu used a broken piece of exhaust pipe to attack and you sustained a deep wound injury to your left side. Mr Dingu and the victim tried to attack you with the same object and you avoided it. At the same time Momba came to your help by going for Mr Dingu. You therefore picked up a piece of swan timber and threw it at your attackers. That caused the victim to fall on his back hurting his head from the back.

The victim was rendered unconscious momentarily. You and the others poured water on him and regained his consciousness. The victim was eventually admitted to the hospital and was appropriately...