The State v Maggie Rumints (Prisoner) (2012) N4900

• Jurisdiction: Papua New Guinea
• Judge: David, J
• Judgment Date: 21 November 2012
• Citation: (2012) N4900
• Docket Number: CR No.562 of 2010
• Court: National Court
• Year: 2012
• Judgement Number: N4900

Full Title: CR No.562 of 2010; The State v Maggie Rumints (Prisoner) (2012) N4900

National Court: David, J

Judgment Delivered: 21 November 2012

N4900

PAPUA NEW GUINEA

[IN THE NATIONAL COURT OF JUSTICE]

CR No.562 of 2010

BETWEEN:

THE STATE

AND:

MAGGIE RUMINTS

Prisoner

Mt. Hagen: David, J

2012: 12 September, 17 October & 21 November

CRIMINAL LAW – sentencing – prisoner appearing from bail - unlawful doing grievous bodily harm – victim hit on the head with iron rod – vicious attack causing fracture of anterior frontal scalp – sentence following guilty plea – prisoner sole assailant – single blow to head – no prior convictions - prisoner committing offence because she regarded victim as having an affair with her husband and she caused marriage break-up – prisoner and victim actually are co-wives – lack of sophistication no excuse when prisoner, an adult woman has either previously lived in Mt. Hagen or lives near the city - prisoner assaulted victim on several occasions prior to current incident – victim suffering from post-cerebral concussion syndrome – prognosis is that victim will suffer from that condition for the rest of her life -prevalence of offence - 4 years imprisonment in hard labour – period in custody deducted – remaining term suspended in its entirety on terms including payment of a fine and compensation - Criminal Code, Section 319.

Cases cited:

Public Prosecutor v Tom Ake [1978] PNGLR 469

Goli Golu v The State [1979] PNGLR 653

Public Prosecutor v Thomas Vola [1981] PNGLR 412

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

Public Prosecutor v William Bruce Tardrew [1986] PNGLR 91

The State v Frank Kagai [1987] PNGLR 320

Gimble v The State (1988-89) PNGLR 271

Lawrence Simbe v The State [1994] PNGLR 38

Public Prosecutor v Don Hale (1998) SC564

The State v Amos Kiap (2003) N2452

The State v Anton Vail (2003) N2473

The State v Yale Sambrai (2005) N2886

The State v Patrick Kimat (2005) N2947

Edmund Gima and Siune Arnold v The State (2003) SC730

Saperus Yalibakut v The State (2006) SC890

Richard Liri v The State (2007) SC883

Counsel

Joe Kesan and Joe Waine, for the State

Charles Kos, for the prisoner

SENTENCE

21 November, 2012

1. DAVID, J: This is the sentence of the Court on the prisoner, Maggie Rumints who was accused on indictment that on 6 October 2009 in Mt. Hagen city, she unlawfully did grievous bodily harm to one Molina Cecilia Buri contrary to Section 319 of the Criminal Code. The matter was initially fixed for trial for a duration of three days, but prior to the presentation of the relevant indictment to commence the trial, the Court was informed that the prisoner had decided not to contest the charge. On 12 September 2012, upon the prisoner being arraigned and pleading guilty, I convicted her as charged having been satisfied that the evidence contained in the depositions supported the charge.

2. In the victim’s witness statement dated 16 November 2009 which is marked as E1 of the depositions, she gives an account of how she was attacked by the prisoner with an iron rod on the morning of 6 October 2009 between 07:30 and 07:45 am along the street near the Mt. Hagen Bowling Club while in the company of Julie Peter and the injury she sustained. Other details found in the statement will be raised later on in the judgment.

3. Julie Peter and Konts Mantila are eye witnesses to the incident: see the witness statements marked as E2 and E3 of the depositions. Ms. Peter was walking up the street with the victim in the direction of the Air Niugini Office past the Mt. Hagen Bowling Club when the latter was assaulted by the prisoner. Mr. Mantila was on the opposite side of the road near the Wamp Nga Haus when he saw the prisoner attacking the victim with an iron road. He ran over and disarmed the prisoner.

4. Sgt. Garumu Giwoso states in her witness statement dated 7 October 2009; that she was on duty at the Mt. Hagen Police Station when the prisoner and the victim were brought there after the incident; that she attended to the victim’s complaint of being assaulted on the head by the prisoner with an iron rod; that the victim was bleeding from the head injury; and that the prisoner was arrested, charged and later released on K200.00 police bail.

5. Evelyn Kingal states in her witness statement dated 17 November 2009 which is marked as E5 of the depositions that the prisoner personally told her on 16 October 2009 between 2:30 to 3:00 pm at Daewon Trading in Mt. Hagen of the prisoner’s desire to kill the victim and go to jail and that the victim be forewarned.

6. The record of interview conducted at the CID Office, Mt. Hagen Police Station on 25 February 2010 between Det. S/Constable Jeffery Negama and the prisoner and corroborated by Det. S/Constable Joe Puk marked as D1 (Tok Pisin version) and D2 (English translation) of the depositions has no probative value as it contains no admissions. The witness statements of the interviewer, S/Constable Jeffery Negama and corroborator, Det. S/Constable Joe Puk marked as E7 and E6 of the depositions state how the interview was conducted.

7. The prisoner appears before me for sentence from bail.

8. The prisoner was arraigned with these short facts. On 6 October 2009, between 7:30 am and 8:00 am, she was in Mt. Hagen city within the proximity of the Hagen Plaza and the Mt. Hagen Bowling Club. At around that time, the victim, Molina Cecilia Buri was walking past the Mt. Hagen Bowling Club when the prisoner who was armed with an iron rod went from behind her and hit her on the head. She fell down to the ground unconscious sustaining a very serious wound to the head. The medical report revealed that the victim suffered a fractured skull. At the time when the prisoner hit the victim in the manner she did, she acted contrary to Section 319 of the Code.

9. After administering the allocutus, the defence made application for the Court to direct the Probation Service, Mt. Hagen Branch to compile and file a pre-sentence report and means assessment report and that submissions on sentence be deferred pending the filing of those reports. I granted the application and directed that the reports be filed by Tuesday, 18 September 2012. For one reason or another, the reports were not completed within the time given and an extension was given for them to be completed and filed by 17 October 2012. The reports were filed within the extended period and I thank Ms. Theresa Puk, Probation Officer for her efforts. I have considered the reports.

10. I actually heard submissions on sentence on Wednesday, 17 October 2012 and reserved to pass sentence on the prisoner during this circuit which I now do.

11. The maximum penalty prescribed for this offence is, subject to Section 19 of the Code, imprisonment for a term not exceeding 7 years.

12. Applying the principle of proportionality, i.e., a man must be given the sentence appropriate to his crime (as to both harm done and culpability) and no more, the maximum penalty is usually reserved for the worst sort of cases for a particular offence: see Goli Golu v The State [1979] PNGLR 653 and Avia Aihi v The State (No 3) [1982] PNGLR 92.

13. It is also settled law that each case must be decided on its own facts: Lawrence Simbe v The State [1994] PNGLR 38.

14. As the prisoner has pleaded guilty, she must be given the benefit of any reasonable doubt on mitigating matters raised in the depositions, the allocutus or in submissions that are not contested by the prosecution: Saperus Yalibakut v The State (2006) SC890.

15. The medical report provided by one Dr. Smee Rank, Senior Clinician, Accident & Emergency Department of the Mt. Hagen General Hospital dated 6 October 2009 reports that the victim was brought to the Accident & Emergency Department of the Mt. Hagen General Hospital after the incident on 6 October 2009 and was seen by him and treated. Clinical findings were; the victim had a deep scalp laceration on the head; the victim was bleeding heavily and in pain; there was haematoma of the head; there was swelling of the left forehead; the victim had a painful left forearm; there were bruises to the victim’s fingers; and there was haematoma of the left shoulder. An x-ray taken of the skull revealed a fracture of the anterior frontal scalp. The laceration was sutured with black silk. High doses of antibiotics and analgesics were administered. The learned doctor was of the opinion that a heavy object was used to inflict the injuries on the victim.

16. A further medical report provided by Dr. Rank dated 10 September 2012 following further examination of the victim which was not contested by the prisoner at the hearing of submissions on sentence gives details of post-recovery findings and symptoms found on the victim and they are; intermittent headaches; dizziness; blurry visual sight; unable to carry heavy weights on head; unable to work with computers for long periods; and sinusitis at times. He reports that the victim would continue to suffer post-traumatic symptoms for her lifetime.

17. The medical report provided by Dr. Kulunga dated 1 October 2012 which was also not contested by the...