The State v Paul Jumbugu (2012) N4627

• Jurisdiction: Papua New Guinea
• Date: 28 March 2012
• Citation: (2012) N4627
• Docket Number: CR 573 of 2011
• Court: National Court
• Year: 2012

Full Title: CR 573 of 2011; The State v Paul Jumbugu (2012) N4627

National Court: Batari, J

Judgment Delivered: 28 March 2012

CRIMINAL LAW—Sentence—Principles applied—Offence of grievous bodily harm—Accused cut three right arm digits of victim with bushknife in provoked attack - Seriousness and prevalence of

CRIMINAL LAW—Sentence - Grievous bodily harm—Plea—Factors in mitigation—De facto provocation—effect of—Compensation—use of in family disputes—Relevance of family ties in orders for compensation - Sentence of 4 years with suspension orders appropriate.

Cases Cited

No case cited

___________________________

SENTENCE

1. BATARI J: You have been convicted of causing another person, unlawful grievous bodily harm following your plea of guilty. Under s319 of the Criminal Code you are liable to be imprisoned for 7 years, maximum.

2. The facts for the purpose of sentence are that, around midday of 13 March, 2011 you were at your home at Buvussi Oil Palm Settlement with other family members when the victim and her husband confronted you following an attack on their son. The couple were disturbed when informed of their son being assaulted at your place. The victim’s husband argued with you while she stood by in apparent support and encouragement of her husband’s abusive altercation with you. Fazed by the confrontation you chased after the victim. And when she tripped and fell, you attacked her with a bush-knife, cutting three fingers on the right hand.

3. A medical assessment of the injury from a Dr Peter Yama of the Surgical Unit of Kimbe General Hospital suggested the right hand is “now disabled and is of no use for now and about up to 8 weeks.” The report...