Magistrate concerned about rise in grievous bodily harm

A SENIOR provincial magistrate has raised concern about the increase of people charged with causing grievous bodily harm to other people with the use of weapons.
Magistrate Bruce Tasikul raised the concern in the Buka District Court yesterday when he issued a two-year suspended sentence to a man charged with causing grievous bodily harm.
Joe Novera, 59, from Mapisi village in Kunua, Bougainville, was issued the suspended sentence for slashing Charles Peotapiri in the right leg at a cocoa block in Kunua.
He and two others heard that Peotapiri was building a small shed for logs.
Novera and his two accomplices were not happy with Peotapiri’s activity because their community at the time was mourning the death of one of their community members.
The incident happened on Feb 11.
The Court suspended Novera’s sentence after taking into account that he pleaded guilty to the charge; expressed remorse; was a first time offender; and, he compensated Peotapiri with 33 laplaps (cloths), two pigs, two bails of rice, a carton of noodles, and K1,200.
The aggravating factors were that the offence was serious, and that the victim sustained a serious injury.
The victim suffered trauma (pain and loss of blood) and he was still recovering.
Novera told the Court that he was upset with Peotapiri working while there was a death in the village which he should have respected.
Magistrate Tasikul said he did not consider the offence to fall within the category of worst cases.
“It is trite law that the maximum penalty is always reserved for the worse type of offence.
“This case does not fall within the category of the worst case.
“But I agree with prosecution that the offence of unlawful wounding is becoming serious one in Bougainville,” he said.
The court ordered that Novera be placed on a two-year probation with the condition that he paid a further K2,000 compensation to Peotapiri by the end of next month.
Tasikul said if Novera failed to pay K2,000 to the victim his suspended sentence would be lifted and he would serve time in prison.