The State v Yake Ate (2008) N3862

• Jurisdiction: Papua New Guinea
• Date: 19 September 2008
• Citation: (2008) N3862
• Docket Number: CR NO. 868 of 2008
• Court: National Court
• Year: 2008

Full Title: CR NO. 868 of 2008; The State v Yake Ate (2008) N3862

National Court: Kandakasi, J

Judgment Delivered: 19 September 2008

DECISION ON SENTENCE

CRIMINAL LAW—Sentence—Particular offence - Grievous bodily harm—Use of bow and arrows and bush knife—Offender retaliating over attack of brother after threat had ended—Penetrating injuries to the abdomen area with wounds inflicted at 4 locations on small intestine - Injuries life threatening—Guilty plea—First time offender—Prevalence of offence - No compensation paid- Custodial sentence of 6 years imposed—Criminal Code s319.

Cases cited:

The State v Vincent Naiwa (2004) N2710; The State v Isaac Wapuri [1994] PNGLR 271; The State v Philip Susuve Raipa [1994] PNGLR 458; The State v Nickson Pari (No 2) (2001) N2033; The State v Kenny Reuben Irowen [2002] PNGLR 190; The State v Henry Idab (2001) N2172; The State v Eddie John Naopa (2003) N2411; The State v Tamumei Lawrence (2007) N3117; The State v Ambe Tu (2008) N3306; Public Prosecutor v Don Hale (1998) SC564; Edmund Gima and Siune Arnold v The State (2003) SC730; The State v Marety Ame Gaidi (No 2) (2002) N2279

1. KANDAKASI J: Yake Ate, you pleaded guilty to a charge of causing grievous bodily harm to one Luvis Gengom on 5th April 2008 at Hiorenkia Village, Nigerum, Western Province.

Relevant Facts

2. The facts giving rise to the charge and your guilty plea and subsequent conviction are these. On 5th April 2008, Luvis Gengom, who is your nephew, fought with Rex Ate, your younger brother, who started the fight. The fight was over, Luvis’ mother authorizing another woman to collect gold dust from your land. Luvis’ mother is your sister. In that fight, Luvis kicked your brother to the ground from where he got up and ran into a nearby house and took refuge there. On the community’s intervention, Luvis stopped his fight with your brother.

3. Meanwhile, however, you got word of the fight between your brother and your nephew. Given some pre-existing difficulties you had with your sister’s family and not being happy with your sister permitting another person to collect gold dust from your area, you armed yourself with a bush knife and a bow and arrows and went to fight your nephew. On seeing what you were trying to do, the members of the community tried to stop you. Despite that, you initially attempted unsuccessfully to shoot your nephew with arrows from the bow you had. After those failed attempts, you eventually managed to get your target. You shot your nephew on his stomach area which penetrated into the internal parts of the stomach, seriously affecting his intestine. Attempts to pull the arrow out failed as it got stuck inside.

4. The members of the community then assisted your nephew onto a vehicle and had him transported to the Tabubil Hospital. The hospital appropriately treated him. The medical doctor found and established that the arrow penetrated the abdomen and wounded the small intestine at four different locations. The arrow had also penetrated the right iliac crest. There was of course bleeding and the leakages of faecal contents due to the wounds to the small intestine. The treatments Luvis received consisted of a surgery to remove the arrow, cleansing of the faecal matter, bleeding and other debris or foreign matter introduced by the penetrating arrow.

5. The hospital discharged Luvis on 11th April and had his stitches removed three days later. Doctor Inina of the Tabubil Hospital provided a report. In his report, the doctor stated that Luvis sustained life threatening injuries but the good news was that, he recovered well and did not die.

Offence and Sentencing Trend

6. As this Court said earlier this month in the case of The State v. Rex Waida and Waida Gima CR 1271 and 1272 of 2007, a decision handed down here in Tabubil, s319 of the Criminal...