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State v Avivi [1999] PGNC 75; N1906 (31 August 1999)

Unreported National Court Decisions

N1906

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

CR NO. 166 OF 1999
THE STATE
AGAINST
BEO’O AVIVI
(ACCUSED)

Goroka

Kirriwom J
12 August 1999
31 August 1999

Counsel

Ms R. Johnson for the State

Mr M. Apie’e for the Accused

31 August 1999

SENTENCE

KIRRIWOM J: I found you guilty of raping a married woman in her garden at 7 mile, Kainantu and convicted you accordingly. I have to now decide on your punishment. As you know, forcing a woman to have sexual intercourse with you, if she is not your wife against her will or if her consent is obtained by threats or if she submits to you in fear of bodily harm to her is both legally and morally wrong. In the eyes of any law-abiding person, such conduct is unacceptable in a civilised world.

You said you were sorry for what you did to the woman. But that sorry is too late. you did not spare her the agony of having to repeat in court what you did to her.

You are fortunate that this case does not fall into a worst category of rape. There were no physical injuries suffered and this was a crime of opportunity. I say crime of opportunity because the incident took place in a secluded and isolated place where you saw the woman alone and that gave you the opportunity to have your way with her. This is not to say that women who unduly expose themselves to risks of being raped are not protected by law. Women must be free to move around anywhere without the fear of being attacked anywhere.

You are a first offender and you have been a village dweller all your life. I note that you are a very young man of 20 years and you are the only boy in your family who is responsible for looking after your old mother. You should thought about your old mother before doing something foolish like what you did.

I take into account all these factors and I sentence you to five (5) years imprisonment in hard labour.

Lawyer for the State: Public Prosecutor

Lawyer for the Accused: Public Solicitor