The State v David Carol (2009) N3762

• Jurisdiction: Papua New Guinea
• Date: 23 September 2009
• Citation: (2009) N3762
• Docket Number: CR.NO.21 OF 2009
• Court: National Court
• Year: 2009

Full Title: CR.NO.21 OF 2009; The State v David Carol (2009) N3762

National Court: Lenalia, J

Judgment Delivered: 23 September 2009

CRIMINAL LAW—Grievous bodily harm—Guilty plea—Sentence—Matters for consideration—Criminal Code s319, Ch. No. 262

CRIMINAL LAW—Grievous bodily harm—Not worse type case—Suspended sentence appropriate—Sentence of 12 months appropriate but fully suspended with order for 2 years good behaviour bond.

Cases cited

Goli Golu v The State [1979] PNGLR 653; Ure Hane v The State [1984] PNGLR 105; The State v Albert Monja [1987] PNGLR 447; John Elipa Kalabus v The State [1988] PNGLR 193; The State v Isaac Wapuri [1994] PNGLR 271; The State v Darius Taulo (2001) N2034; The State v To Paran Walagur Cr.No.1760 of 2003; The State v Gibson Mondo [2002] PNGLR 580; The State v Ambe Tu (2008) N3306

1. LENALIA, J: The accused pleaded guilty to one count of unlawfully causing grievous bodily harm to Augustina Carol on 20th August 2008. This is an offence against s.319 of the Criminal Code.

2. The above section provides:

319. Grievous bodily harm.

A person who unlawfully does grievous bodily harm to another person is guilty of a crime.

Penalty: Imprisonment for a term not exceeding seven years.”

Agreed Facts

3. For purposes of sentence let the court give a brief account of the agreed facts of what occurred on the above date. The prisoner returned home from work between 6 pm and 7 pm in the evening. His wife was sitting inside their family home at Kenabot holding their one year five months old daughter.

4. He walked into the house, and straight to where his wife was sitting and asked about Moimoi’s mobile. He inquired why his miscalls had not been answered. The victim replied by saying that, because she had been very busy throughout that day, she could not attend to the mobile.

5. The prisoner got the mobile and threw it at the victim’s head. He took their little daughter away from her and gave her to the elder sister. He came to where the victim was sitting and folded his right fist and punched her hard on her mouth.

6. The victim was diagnosed with the following conditions:

- could not open her mouth,

- there was slight bleeding on the upper lip,

- four (4) front upper teeth mobile,

- soft tissue injuries,

- ‘mobile teeth due to alveolar’ bone fracture, and

- alveolar bone...