The State v Junior Arewes Mazakmat (2013) N8399

• Jurisdiction: Papua New Guinea
• Judge: Gavara-Nanu J
• Judgment Date: 16 August 2013
• Court: National Court
• Citation: (2013) N8399
• Docket Number: CR No 722 of 2013
• Year: 2013
• Judgement Number: N8399

Full Title: CR No 722 of 2013; The State v Junior Arewes Mazakmat (2013) N8399

National Court: Gavara-Nanu J

Judgment Delivered: 16 August 2013

N8399

PAPUA NEW GUINEA

[IN THE NATIONAL COURT OF JUSTICE]

CR N0. 722 OF 2013

THE STATE

-v-

JUNIOR AREWES MAZAKMAT

Kavieng: Gavara-Nanu J

2013: 8th, 13th & 16th August

CRIMINAL LAW – Grievous bodily harm – Criminal Code; s. 319 – Plea of guilty – Accused under the influence of intoxicating drug – Attack on innocent person – Attack with a dangerous weapon, namely a grass knife – Left hand completely severed from the wrist – The victim left handed – Victim also cut on the left leg – Attempt to cut the neck – A worst case – Maximum penalty appropriate – Factors to consider in deciding whether the case is of a worst type.

Cases Cited:

Avia Aihi v. The State (No.3) [1982] PNGLR 92

Goli Golu v. The State [1979] PNGLR 653

Kesino Apo v. The State [1988] PNGLR 182

The State v. Ambe Tu (2008) N3306

The State v. Amos Kiap (2003) N2452

The State v. Forokahe Yamugara (2004) N2764

The State v. Jonathan Sokai (2002) N2334

The Stae v. Larsen Talian (2003) N2382

The State v. Lucas Huliawere (2004) N2544

The State v. Kenny Reuben Irowen (2002) N2239

The State v. Tovita Mann (2009) N4028

Counsel:

S. Luben, for the State

M. Mumure, for the Accused

16th August, 2013

1. GAVARA-NANU J: On 8th August, 2013, the accused pleaded guilty to a charge that he on 22 January, 2013, at Munawai village, in Central New Ireland, unlawfully did grievous bodily harm to one Johnson Malamba (the victim) contrary to s. 319 of the Criminal Code.

2. The brief background facts of the case are these. On 22 January, 2013, the accused and the victim were at their Munawai village along Buluminski Highway in the East Coast of Central New Ireland. The accused and the victim are first cousins. Between 5 and 6 in the afternoon, the accused went to the victim who was sitting in front of his house preparing vegetables for family dinner. The accused confronted the victim and ask him about a break, enter and stealing in his (accused) sister’s house. The accused also asked the victim about the things belonging to his sister which were stolen in the break-in. When the victim denied any knowledge about the break-in and the stolen goods, the accused suddenly pulled out a grass knife which he concealed under his shirt and attacked the victim. The accused swung the grass knife at the victim’s neck but the victim raised his left hand to block the grass knife and the grass knife connected with the victim’s left wrist, the hand was severed completely from the wrist, only the skin was holding it. The victim was rushed to Kavieng General Hospital, where his left wrist was amputated. He was hospitalized for one week.

3. The victim is left-handed and is now seriously handicapped because he has totally lost the use of his left hand. It is very difficult for him to make gardens, go fishing and do other manual work he used to do before the incident. The victim is in the prime of his life, he is in his mid-30s. He is married with several children of school age.

4. The accused is 26 years old and single. He reached Grade 10 at Manggai High School in New Ireland Province in 2004. He is a first-time offender. I think his guilty plea was inevitable because there is overwhelming evidence against him. He also admitted the offence freely in record of interview. Mr. Mumure, of counsel for the accused told the Court that accused is willing to pay K1,000.00 cash in compensation. Mr. Mumure also told the Court that the accused is also willing to build a permanent house for the victim with a toilet, install a water tank and plant one hectare of oil palm as part of his punishment. Apparently, these things have also been requested by the victim as part of his compensation. The accused and his father have both signed a statement of intent to that effect.

5. Mr. Mumure cited a number of cases which are similar to this case as guides for the Court in deciding the punishment for the accused. Relying on these cases Mr. Mumure submitted that the accused should be sentenced to 3 years which should either be partly or fully suspended with conditions. Ms. Luben of counsel for the State agreed.

6. Because of the seriousness of the offence and the offer made by the accused to compensate the victim, the Court ordered the Probation Officer to prepare Means Assessment and Pre-Sentence reports on the accused. The Report was submitted on 13 August, 2013. The verbal submissions were made by counsel on the same day.

7. The accused and the victim were both interviewed for the Pre-Sentence report. In the interview the accused confirmed what Mr Mumure told the Court about the things he has offered to do for the victim, if given the chance by the Court. The victim on the other hand told the Probation Officer that he wanted the accused imprisoned for his crime. He said the accused would have chopped his neck off had he not protected himself with his left hand. He does not want to reconcile with the accused at this stage. However, the victim has also said he wants the accused to build him a permanent house with toilet and a water tank and plant one hectare of oil palm for him.

8. The accused himself does not have the means to do what he offered to do for the victim but he is relying on his family, especially his father to assist him.

9. It is convenient to look at the types of sentences imposed in similar cases as a guide for the Court in determining an appropriate sentence for the accused.

10. In The State –v- Ambe Tu (2008) N3306, the accused attacked his wife who eloped with another man. The woman was attacked with a bush knife, apart from severing her left wrist with a bush knife the victim was cut in other parts of her body. The victim suffered serious wounds on both hands. The injuries were life threatening. The Court found that there was provocation in a non-legal sense. No Pre-Sentence report was prepared for the Court. The victim was also cut on the back and neck, the left thumb was also severed completely. The accused was sentenced to 4 years imprisonment.

11. In The State –v- Reuben Irowen (2002) N2239, the prisoner stripped his two wives naked and attacked them with a bush knife causing serious bodily harm to them, they also suffered severe blood loss. The victims were kept in a container. They later escaped thus saving themselves from further harm. The prisoner was charged with two counts of grievous bodily harm he was given the prescribed maximum penalty of 7 years imprisonment for each count, the sentences were ordered to be served cumulatively. The prisoner had the habit of beating his wives. The victims were regularly subjected to inhuman treatment. The prisoner pleaded guilty. He had no prior conviction.

12. In The State –v- Lucas Huliawere (2004) N2544, the prisoner called his wife who was sick and sleeping. When the wife did not go quickly to him. When she eventually did, the prisoner suddenly attacked her from the back hitting her hand with a piece of timber three times. The victim was in great pain and cried out. The prisoner hit her again on the head causing her to bleed. The victim fell to the ground. The prisoner sat on the victim while she was on the ground. The prisoner was given the head sentence of 5 years imprisonment less custody period. The prisoner ended up serving just a bit over 4 years imprisonment.

13. In The State –v- Amos Kiap (2003) N2452, the prisoner had a history of violence against his wife. He regularly appeared before a Village Court for beating his wife. He attacked his wife in public after work in Mt. Hagen with a knife and stones. The victim suffered severe wounds to her head and body. She was unconscious and was taken to Mt. Hagen General Hospital. She lost 200 millilitres of blood from the wounds. The prisoner was sentenced to 6 years imprisonment less custody period. The balance of the term was fully suspended with conditions.

14. In The State –v- Larsen Talian (2003) N2382, the prisoner was convicted after a week’s trial for unlawfully doing grievous bodily harm. The accused attacked the victim with a bush knife on the left wrist. The victim was hospitalised. The victim could no longer have the full use of his hand due to the injury. The victim was severely disabled. The prisoner was sentenced to 6 years imprisonment, which was suspended in full, the prisoner was ordered to pay K5,000.00 compensation. The prisoner expressed remorse.

15. In The State –v- Tovita Mann (2009) N4028, the accused attacked the victim with a bush knife. The victim was cut twice. The incident happened in Kerema. The victim was taken to the local hospital but because his condition was serious, he had to be taken to Port Moresby General Hospital where he made steady but slow recovery. The prisoner was subsequently arrested and charged with unlawfully doing grievous bodily harm. He pleaded guilty. He was sentenced to 5 years imprisonment less custody period.

16. Having regard to the sentences ordered in the cases cited above and the principles applied in these cases, I note that in this case, unlike in the cases cited,...