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State v Safo [1998] PGNC 63; N1823 (17 July 1998)

Unreported National Court Decisions

N1823

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

CR NO. 124 OF 1998
THE STATE
V
KEREHUTO BRUCE SAFO
(ACCUSED)

Goroka

Sawong J
10 July 1998
17 July 1998

CRIMINAL LAW - Sentence - Plea of Guilty - Indecent dealing with a girl under the age of 12 yrs s. 217 (3) Code

Counsel:

C. Ashton-Lewis, for the State

M. Apie’e, for the Accused

17 July 1998

SAWONG J: dictment was presented to d to me against Kerehuto Bruce Sefo for the unlawful and indecent dealing of a girl under the age of 12 years, an offence contrary to 7 (3) of the Criminal Code.

You were aged about 34 t 34 years old at the time of the offence, which occurred on 27 November 1997 at Asariyufa. You come Sokaye village, Hge, Henganofi in the Eastern Highlands Province. The incident occurred in this way.

The little girl had been sent by her father that morning to go to the main market in Goroka to buy some cucumber s She was 11 years old at that time. After being to the market, she was returninurning on her way home to Genoka and as she passed the Post Office, you met her and told her that you knew her father. You told her that you hme some clothes and other gto give her and that she shhe should go home and get another little girl with a bilum and the three of you would then go together andect those things. Thereafter thtle girl went went to t to Genoka but she didn’t tell anyone what had happened earlier. Hther sent her back to theo the market to buy some more cucumber seeds. This time she took two sfrll friends with her and red to the main market. There she bouome more cucu cucumber seeds. Yre also also at the said said market and when you saw ou told her to send the other two children home and you asku asked her to accompany you. She then gave thumber seed seeds to her friand went with you. Yo0; You took her bush path path and told her that you would play a game with her. You also told her tou would make some magic on her. You toldif she she allowellowed you to rub her body she would go to high school. She therefolowed you all all these things on her and then you removed her underpants and played with with her genital area, and ejaculated over herate part. After that both of yo dres dressed and you took the girl to the Zokozoi rivi river where you both washed. You told hat if she reporteported the matter to anyone she would go insane. You then gave her 50t and left her at the main market.&#She bought some scones with the money and was walking home when she met her father who had had come searching for her. She tol fath what had happ happened to her. They searched foed for you and caught you at the bus stop and from there you were taken topolice station.

You pleaded guilty to the charge and I convicted you. I adjourdjourned sentenyoug you to today to conside submission made on your bour behalf by Mr Apie’e and by yourself.

At the time of the offence, you were about 34 years #160; You have pleaded guilty. re not a first ofst offendffender. You have prior conviction for another sexual offence, that of rape. In 1995 you were convicnd and sentenced to 4 years IHL by the National Court for the offence of rape. The v in that cas a 14 yea4 years old female.

For the pree present charge, you could be sentenced to a maximum sentence of five years imnment. The sentencing patterns hir this offence by the National Court during 1996 sho6 shows that the sentences range between a partial suspended sentence to imprisonment. This shows that ease must must be dealt with on its own facts and circumstances.

At the time of the offence you were about 34 years old. Yve pleaded guilty. 160; You alsoperated with with thece and readily made admissimissions. You have also expressed remorseness for your conduct. Further, and more importantly your plea ofty haed the little gire girl from coming to court and giving evig evidence in open court and being subjected to cross examination. In these circumstances, I accept that your plea is genuine one. Afrom those factors, therethere are no other mitigating factors to be taken in your favour.

In my view, the age of the victim is an aggravating factor which calls for severe condemnation0; A society that cannot orot or will not protect its children is morally bankrupt.

Another aggravating factor is that you have a prior record for another sexual offence. If appears tohat you commicommitted the present offence soon after you were released from jail. You obviousle not learnt arnt a lesson. I avinced that people like like you are a menace to the p at large, and in particulaicular young girls. There is a growing concern in our society against this kind of child abuse and molest.

It is my firm view view that child molester like you should be sentenced to an immediate punitive and deterrent custodial see. Any other form of m of sentence would in my view, clearly be inappropriate. In those mstanyes, your plur plea of guilty is of not much significance.

I consider that there is a need to send a message to you and to other possible offenders the sce for this type of offence will be firm and deci decisive.sive.

In my view this kind of conduct must not be condoned at all. These kinds of offences ape repugnant, offensive and unnatural offences against a young child. The Court has a duty to ptotect the innocent young girls from this kind of corrupt behaviour by men, and in particular by older men like you.

In ae circumstances, you are convicted and sentenced to four years imprisonment in hard labour.bour. I deduct the period of 5 months and 17 days, being the time you spend in custody waiting for your court case, leaving a balance of 3 years 6 months 13 dmprist in hard labour.&#1r. You are rve your term at B at Barawaghi Corrective Institnstitute.

Lawyers for the State:҈ &##60;&<;<d ;ɘʔ Public Prosecutors

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Lawyers for the Accused: &ـʔ< < ;d &##60;&< ҈& iubllrsitors

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