The State v Kapaka Roga Roga Rogoti Kini Roga & Alex Roga (2012) N4804

• Jurisdiction: Papua New Guinea
• Court: National Court
• Date: 16 August 2012
• Citation: (2012) N4804
• Docket Number: CR. 1209—1212 OF 2009
• Year: 2012

Full Title: CR. 1209—1212 OF 2009; The State v Kapaka Roga Roga Rogoti Kini Roga & Alex Roga (2012) N4804

National Court: Gauli AJ

Judgment Delivered: 16 August 2012

CRIMINAL LAW—Sentence—Plea - Guilty—Causing grievous bodily harm—Criminal Code, s315—Used offensive weapons—Group attack—At the victim’s home village—Multiple wounds to the head, left hand and Back—Completely severed left thumb—Sentence be above sentence on GBH under s319 of the Code—No prior criminal records—Prevalent offence—Sentences imposed 8, 7,& 4 years respectively—Sentence partly suspended

Cases Cited:

The State v Manga Kinjip [1976] PNGLR 86; Wui–Wapi v Ludwick Kembu [1980] PNGLR 7; Manu Kovi v The State (2005) SC789; Public Prosecutor v Tom Ake [1978] PNGLR 469; Saperus Yalibakut v The State (2006) SC890; The State v Attiock Ishmel (2001) N2294; The State v Oliver Toluana (2011) N4417 (PGNC 138); The State v Peter Pepa (2010) N4146 (PGNC 148); Goli Golu v The State [1979] PNGLR 653; Avia Aihi v The State (No 3) [1982] PNGLR 92; Ure Hane v The State [1984] PNGLR 105; R v Meauri [1969–70] PNGLR 254

SENTENCE

16 August, 2012

1. GAULI AJ: The four accused were originally charged for attempted murder under Section 304 of the Criminal Code. They pleaded not guilty to the charge and the voir dire trial ensued. After the ruling on voir dire in favour of the State, the trial proper commenced where the State called the first two witnesses. The accused, through their lawyer, have decided to change their plea of not guilty to a plea of guilty to a lesser charge of unlawfully causing grievous bodily harm, under Section 315 of the Criminal Code. The State has no objection since the grievous bodily charge was an alternative charge laid in the indictment to the attempted murder. And the State informed the court that the State was withdrawing the charge of attempted murder. The charge of attempted murder was then withdrawn.

2. The charge of causing grievous bodily harm was read to all the accused and they all pleaded guilty saying: “It is true”. The defence counsel confirmed that the pleadings were consistent with their instruction and I entered a plea of guilty provisionally.

3. State tendered the depositions. I read the depositions and I was satisfied that it is safe to accept the plea of guilty by all the four accused. It is trite law that a Judge should only accept the plea of guilty if it is made in plain unambiguous and unmistakable terms: see The State v. Manga Kinjip [1976] PNGLR 86. And it is necessary that the defendant pleads unequivocally and admits to every element of the charge: see Wui Wapi v Ludwick Kembu [1980] PNGLR 7.

THE LAW

4. s315 of the Criminal Code Act prescribes Acts intended to cause grievous bodily harm.

Section 315

“A person who—with intent

(a) ....

(b) to do some grievous bodily harm to any person;

(c) ......

does any of the following things is guilty of a crime: -

(d) unlawfully wounding or doing a grievous bodily harm to a person;

Penalty: Subject to Section 19, imprisonment for life”.

BRIEF FACTS

5. The accused Roga Rogoti and his three sons Kapaka, Kini and Alex Roga are from Kwaipo village of Kwikila, Central Province. On the 26th of April 2009, the accused Roga Rogosi and his three sons armed with bush knives and a factory made shotgun, entered Kore village in the morning. Roga Rogosi argued with the Mala family over a portion of land on which the accused had settled. At that time, the accused Kini Roga armed with a bush knife attacked Jonathan Mala, one of the members of the Mala family. They both fell to the ground with the accused Kini Roga sitting on top of Jonathan. The accused Kini Roga tried to stab Jonathan with the bush knife. On seeing that, Maka Mala intervened to assist Jonathan. The accused Kini Roga then swung his bush knife and cut Maka Mala on his left arm just above the elbow. He swung his bush knife the second time and Maka Mala raised his left hand to block of the knife and he was cut on his left thumb and on the head just above the left eyebrow.

6. The co-accused Kapaka Roga, Alex Roga and their father Roga Rogoti joined in the fight. Alex Roga hit Maka Mala on the head with a stone then he swung his bush knife and cut the victim on the head. The accused Kapaka Roga swung his bush knife and cut the victim on the back of his head. And the accused Roga Rogoti, their father, sliced the victim with a bush knife and inflicted two injuries on his back. The victim Maka Mala sustained serious multiple wounds to his body namely on his left arm, the forehead...