Cite as Kosrae State v. Y. George, (Kosrae 1992)

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     This action involves two counts: (1) Aggravated Assault, KC 13.301 and
(2) Assault and Battery, KC 13.303. The defendant Yoana George was charged with two counts, arising from the same occurance on September 9, 1991.  Defendant was convicted on KC 13.301 aggravated assault and this Court orderedcourit two to be dismissed based upon the evidence and informations submittedat trial.

Finding of Facts
      1.   On September 9,1991 at a place called Lukaf Lelu, victim Priscilla Benjamin and her two companions (high school student) were on their way home after school. Defendant Yoana A George, was driving passing them at residential home of deceased Ekinaites Elley. Victim and her friends were walking and laughing while defendant drove passing them.

      2.   Victims and her schoolmates come close to another residential home of Palikkun Etse. It was at this place that defendant drove back and pulled her vehicle to a complete stop. While stopping the vehicle, defendant Yoana George

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approached victim with a machete and started asking the victim... "Was it me that you guys laughing about?" The victim answered . . . "What if it was not you?".  At this particular moment, in between the questions, defendant swing the machette and first hit the victim's left arm.  One swing after another victim was injured and blood began to drip.

     3.   Witness Kenye S. Abraham and other schoolmate continued a bit further, 75 feet from where they were standing to where defendant and victim were. Witness Kenye Abraham along with Asnut were at the point and Asnut assisted victim in sending her home. Defendant Yoana George at this moment advises victim "I have not done yet. If no persons were around I would have killed you."

     4.   It was daylight and witness Kenye Abraham saw exactly what happened since there was no obstacles neither trees disturb her view to see the incident.

     5.   In the testimonies, victim testified that there were six times defendant struck her with the machete. This was also caroborated by Kenye's testimony.

     The testimony of both victim and the wintess Kenye S. Abraham illustrated that victim was injured as a direct result from the continuous act of beating by defendant with the intent to inflict bodily harm to the victim. The requirement of authentication or identification satisfied that on September 9, 1991 at this particular place, defendant Yoana George was the only person identified by witnesses that uses the machete. The testimonies offered at trial surely cannot be misleading for a trier of fact to consider the matter in question as claims. The first hand witness describes what she saw.

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KC 13.301
     Kosrae Code section 13.301 provides the following:

Aggravated Assault.

Aggravated Assault is assaulting striking, eating or wounding
another with `a dangerous weapon with a intent to kill rape, rob,
inflict grevious bodily harm. or to commit any other felony.
Aggravated assault is a category one felony. Id. (emphasis added).

     The instrument used here to accomplish the injury to another is highly dangerous. Here, the defendant clearly intended to inflict grevious bodily harm, here intent was more than just a mere desire to punish or injure person. Here, defendant in approaching the victim has the instrument (machete) in her position and uses the machete by hitting and striking victim more than six times. Whether victim sustained injuries in the first strike or third strike is not necessary to consider.

     The language provided in KC 13.301 to describes an assault in addition to the motive of the assailant. From the inferences drawn from the oral testimonies, it is clear that defendant by her returning indicates that she had motives.

     Defendant Yoana, at the closing of the case requested the charges to be dismissed soley on the ground that the government fail to introduce sufficient evidence. At the trial, defendant through counsel, decided not to testify on the matter and citing Article II section (f) of the Kosrae Constitution. Article II (f) Kosrae State Constitution provides in part:

     ''a person may not be compelled to give evidence that may be used
      against him in a criminal case . . . .

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     It is not necessary for the court to discuss this provision based upon the fact that defendant chooses not to testify as a matter of constitutional right.

     It appears from the testimonial evidence of the witnesses that defendant did cause bodily harm to victim on September 9, 1991 at such place by continuously beating and striking victim with a machete, causing injury to left arm to Priscila in such manner that she is guilty of the crime of aggravated assault.

     ORDERED defendant to served as follows:

      (1)   Defendant is hereby sentence to serve 24 month imprisonment with the last 23 months on suspended sentence.

     (2)   Fine of $150.00 dollars, payable to Court one month after release from jail.

          1.    Not to contact victim or victim's family.

          2.    Not to violate any laws ordinances, state laws, or national laws within a period of time fixed for suspension.

     Failure to comply will render this Court to revoke suspended sentence
and defendant may serve remaining term in jail.

SO ORDERED this 10th day of February, 1992.

Harry H. Skilling
Justice Pro Tempore

     Entered on this 14th day of February, 1992.

Chief Clerk of Court, Kosrae State