The State v Sam Piapin (2009) N3585

• Jurisdiction: Papua New Guinea
• Judge: David, J
• Judgment Date: 18 February 2009
• Citation: (2009) N3585
• Docket Number: CR. NO. 1291 OF 2006
• Court: National Court
• Year: 2009
• Judgement Number: N3585

Full Title: CR. NO. 1291 OF 2006; The State v Sam Piapin (2009) N3585

National Court: David, J

Judgment Delivered: 18 February 2009

N3585

PAPUA NEW GUINEA

[IN THE NATIONAL COURT OF JUSTICE]

CR. NO. 1291 OF 2006

BETWEEN:

THE STATE

AND:

SAM PIAPIN

Prisoner

Mt Hagen: David, J.

2009: 4, 12 & 18 February

CRIMINAL LAW – sentence – grievous bodily harm – prisoner and victim neighbours – dispute over land - victim assaulted with spade – left hand injured – ring finger severed – guilty plea – sentence of 3 years – part of sentence suspended – ss.19 and 319 Criminal Code.

Cases cited:

The State v. Rose Yapriha (1997) N1741

The State v Kopiwan Pupuni (1998) N1709

The State v. Apa Kuman (2000) N2047

The State v. Darius Taulo (2000) N2034

The State v. Nickson Pari (No.2) (2001) N2033

The State v. Henry Idab (2001) N2172

The State v. Albina Sinowi (2001) N2175

The State v. Kenny Reuben Irowen (2002) N2239

The State v. Lucas Huliahwere (2003) N2544

The State v. Redford Bubura (2004) N2577

The State v. Lucas Amos Vail (2003) N2473

The State v. Amos Kiap (2003) N2452

The State v Patrick Kimat (2005) N2947

The State v. Namba Mako, Unreported Judgment,

16 October 2007, CR. No.48 of 2007, David, J

The State v. John Komep, Unreported Judgment,

13 November 2007, CR. No.300 of 2006, David, J

Counsel:

Mr J. Waine, for the State

Mr C. Kos, for the Prisoner

SENTENCE

18 February, 2009

1. DAVID, J: INTRODUCTION: The Prisoner pleaded guilty to one (1) count of unlawfully causing grievous bodily harm to one Veronica Wapai (the victim) on 15 May 2006 contrary to s.319 of the Criminal Code (the Code). The Court accepted the Prisoner’s guilty plea and convicted him of the charge.

INDICTMENT

2. The indictment was preferred as follows:-

SAM PIAPIN of Laiagam, Enga Province stands charged that on 15 May 2006 at Mt. Hagen in Papua New Guinea, he unlawfully did grievous bodily harm to Veronica Wapai.

BRIEF FACTS

3. The brief facts presented by the State and to which the Prisoner pleaded are these.

4. The Prisoner and the victim were living at Tarangau settlement in Mt. Hagen. They were close neighbours. On 15 May 2006 at about 5.00am, the Prisoner was digging the soil and trespassing onto the boundary of the victim. The victim woke up and approached him telling him to stop as he was trespassing on her land. An argument developed when the Accused said that he would take over the victim’s land.

5. At the time, the Prisoner had a spade and swung it at the victim. In order to protect herself, the victim put her arms up, but because the spade was swung with so much force, it hit the victim’s left arm in particular the ring finger which got severed and amputated. The Prisoner swung at the victim twice resulting in the victim suffering injuries.

6. What the Prisoner did was unlawful.

7. This led to the Prisoner’s arrest.

THE LAW

8. Section 319 of the Criminal Code creates the offence and prescribes the penalty. The Prisoner could be imprisoned for up to seven (7) years, subject to the exercise of the Court’s discretion under s.19 of the Code. I set out the relevant provision as follows:

319. Grievous bodily harm.

A person who unlawfully does grievous bodily harm to another person is guilty of a crime.

Penalty: Imprisonment for a term not exceeding seven years.

9. The offence is prevalent and sentences that have been imposed vary. I will refer to some of them where the prisoners have entered guilty pleas in determining the appropriate sentence to impose in this instance.

10. In The State v. Apa Kuman (2000) N2047, the Prisoner, a young, first time offender, after raping the Victim, cut her across her stomach to prevent her from screaming for help. That caused extensive damage to the Victim’s left and right lobes which bled profusely into the abdomen. She was admitted to a hospital where further bleeding was stopped and her life saved. The Court imposed a sentence of three (3) years imprisonment.

11. In The State v. Nickson Pari (No.2) (2001) N2033, the Prisoner, a male aged eighteen (18) years, armed with a home made gun shot the Victim causing injury to his left arm after the Prisoner and his accomplices failed in their plan to hold up and steal from a group of people who were playing cards. The Victim was taken to the hospital where he received medical attention and eventually recovered.

12. The Prisoner was sentenced to four (4) years imprisonment in hard labour less seven (7) months for the time spent in custody. Two (2) years of the term was suspended with strict conditions including the Prisoner entering into a recognizance to be of good behaviour for two (2) years and to return to his village after serving one (1) year and five (5) months in gaol.

13. In The State v. Darius Taulo (2001) N2034, the Prisoner had a history of beating up his wife who was the Victim over a number of years prior to being charged and those beatings were very serious and near death experiences.

14. The Prisoner was sentenced to three (3) years imprisonment in hard labour, however the whole of the sentence was suspended with strict conditions including the Prisoner entering into a recognizance with a surety of K500.00 to be of good behaviour for the suspended period, abstain from alcohol consumption, abstain from assaulting his wife in any way and render free community service to a designated public institution.

15. The Court considered that a non custodial sentence was appropriate because the Prisoner was a first time offender, pleaded guilty, expressed genuine remorse and had already paid compensation, was willing to pay further compensation in accordance with his wife’s custom, it was in the best interest of the children of the marriage, the Victim preferred compensation supported by a pre-sentence report, the Prisoner was not a danger to society and the society would help to rehabilitate him.

16. In The State v. Lucas Huliahwere (2003) N2544, the Prisoner had a history of beating up the Victim who was his second wife. On this particular occasion, the Prisoner hit the Victim with a piece of timber on her left arm three (3) times and then hit her head causing her to fall to the ground in pain. While the Victim was on the ground, the Prisoner then stood on a part of the Victim’s left arm with one of his feet, held her by the wrist of her left arm with his two (2) hands and gave it a tug which resulted in a fracture of her forearm. She underwent surgery for an intramedullary rod to be inserted and the broken arm was in a cast for six (6) weeks.

17. The Court imposed a sentence of five (5) years imprisonment in had labour less time spent in custody.

18. In The State v. Redford Bubura (2004) N2577, the Prisoner speared the Victim who was his cousin through the abdomen and the spear exited from the other side of his body. The incident arose as a result of a land dispute. This caused the bowel to protrude through the wounds with massive loss of blood. The Victim was taken to the hospital where he underwent an emergency operation to repair and clean the bowel. His recovery after the first operation was not good so it necessitated a further operation.

19. The Court considered the case to be of the worst type and imposed the maximum prescribed sentence of seven (7) years imprisonment in hard labour less time spent in custody.

20. In The State v. Anton Vail (2003) N2473, the Prisoner and the Victim who was his wife were invited to attend a dance at the Hamamas Hotel in Rabaul which they accepted. However, because there was a feast at a nearby village being held at about the same time, the Prisoner attended the feast and the Victim attended the dance alone. The Prisoner returned from the feast in the wee hours of the morning and started questioning the Victim if she danced at the said Hotel. When she admitted that she did after assisting with collecting gate-takings, the Prisoner became furious and assaulted her. The Prisoner initially punched the Victim and then got a piece of wood with which he hit the Victim on her right forearm causing it to fracture. A medical examination was conducted following the assault which revealed that there was blood on the right ear with a laceration on the wall of the ear canal, x-ray confirmed the fracture of the right forearm and there were facial injuries including a painful left jaw. The Victim was treated for those injuries and her right forearm was kept in a cast for six (6) weeks.

21. The Prisoner was sentenced to three (3) years imprisonment in hard labour, however the whole of the term was suspended on condition that the Prisoner paid Six Hundred Kina (K600.00) as compensation to the Victim within fourteen (14) days and the Prisoner entering into his recognizance to keep the peace and be of good behaviour for three (3) years.

22. In The State v. Amos Kiap (2003) N2452, the Prisoner had a long history of violence towards the Victim who was his wife and members of her immediate family since marrying the Victim. He regularly appeared before the Village Court as a result of such attacks. On this particular occasion, he attacked the Victim from her back with a sharp instrument as...