The State v Lucy Kar (2011) N4719

• Jurisdiction: Papua New Guinea
• Date: 11 February 2011
• Citation: (2011) N4719
• Docket Number: CR NO. 557 of 2010
• Court: National Court
• Year: 2011

Full Title: CR NO. 557 of 2010; The State v Lucy Kar (2011) N4719

National Court: David, J

Judgment Delivered: 11 February 2011

CRIMINAL LAW—sentence—grievous bodily harm—guilty plea - prisoner and victim are co-wives—tip of nose bitten off - fight following altercation between victim and common husband over axe—permanent disfigurement—prevalence of crime—victim to be an object of ridicule—live with shame for life—prisoner not an unsophisticated subsistence villager—prisoner committed crime alone - genuine expression of remorse - first offender - co-operation with police - de facto provocation—compensation paid—effect of sentence on children of tender years—crime in domestic setting - sentence of three years wholly suspended on terms.

Cases cited:

The State v Isaac Wapuri [1994] PNGLR 271; The State v Darius Taulo (2001) N2034; The State v Salle Sorowi, CR. No.628 of 2007, Unreported Judgment of Kandakasi, J delivered on 15 June 2007; The State v Sam Piapin (2009) N3585; The State v Lucy Rusa (2008) N3510; The State v Miriam John (2009) N4128

SENTENCE

1. DAVID, J: INTRODUCTION. On 15 October 2010, the prisoner pleaded guilty to one count of unlawfully doing grievous bodily harm to one Maria Kar at Nengel village, Mul District, Western Highlands Province on 17 October 2006 contrary to s319 of the Criminal Code. Having been satisfied that the evidence contained in the depositions supported the charge, I accepted the prisoner’s guilty plea and convicted her of the charge.

2. Section 319 of the Code creates the offence and prescribes the penalty. The prisoner could be imprisoned for a term of up to seven years, subject to the exercise of the Court’s considerable discretion under s19 of the Code.

3. To assist me in making a decision on the appropriate sentence for the prisoner, I directed the Probation Service here at the request of the prisoner’s counsel to compile and file a Pre-sentence Report by 21 October 2010. The Pre-sentence Report was duly compiled based on information received by the Probation Service from the prisoner and community leaders from the Ukuni One tribe, to which the prisoner’s husband is a member. I am grateful to Lilly Songoa, Probation Officer, Mt. Hagen for attending to the compilation and filing of the report. I heard submissions yesterday afternoon and adjourned to this afternoon for sentence. I have read the report and note the details there in particular the recommendation that the prisoner is a suitable candidate for probation supervision hence a non-custodial sentence be imposed.

4. The short facts presented for purposes of arraignment were that on 17 October 2006 at Nengel village, Mul District, Western Highlands Province, the prisoner’s husband, Kar Kuipa (the common husband) was involved in a fight with his first wife, Maria Kar. The prisoner is the second wife. For some reason, the prisoner stepped in and attacked the victim from the back. As the victim turned around to see who was attacking her, the prisoner bit her by the nose resulting in the nose being bitten off. The victim was rushed to the Tinsley District Hospital and treated. The victim suffered a permanent disfigurement to her nose. What she did was unlawful.

5. The evidence shows that the fight between the victim and the common husband was over an axe. The axe was in the possession of the common husband whilst staying with the...