State v Narogi [2014] PGNC 170; N5798 (23 August 2014)

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CRIMINAL LAW – sentence – manslaughter – Criminal Code, Section 302 – guilty plea – offender killed his wife – slapped the deceased and when she fell to the ground he kicked her, rupturing her spleen

The offender pleaded guilty to the manslaughter of his wife. He came back from the garden and saw his wife talking with neighbours. He got angry and slapped her. When she fell to the ground, he kicked her in the ribs, rupturing her spleen. This is the judgment on sentence.

Manu Kovi v The State (2005) SC789
Saperus Yalibakut v The State (2006) SC890
The State v Albert Kududu (2010) N410
The State v Christopher Dubun (2010) N4109
The State v John Loangesa CR 301/2000, 21.03.07
The State v Melchior Gunan (2011) N4317
The State v Michael Jim Gorogoro CR 105/2006, 22.02.08
The State v Steven Ruben (2008) N3941

1. CANNINGS J: This is a decision on sentence for a man who pleaded guilty to the manslaughter of his wife. The offence was committed at 6.30 pm on 20 September 2013 at Rauna village in the Gloucester area of West New Britain Province. The offender had returned from the garden with firewood. He saw his wife, Imelda Girito, telling stories with neighbours. This made him angry. He slapped her, she fell. While she was on the ground he kicked her in the ribs. She died a short time later. The cause of death was a ruptured spleen. It is accepted that the offender unlawfully killed the deceased, without any intention to kill her or inflict grievous bodily harm.

I say sorry for breaking the law. I did not mean to kill my wife. I was angry with her as our baby was sick and she was not looking after him. I came home from work and all she was doing was playing cards.

4. As the offender has pleaded guilty he will be given the benefit of the doubt on mitigating matters raised in the depositions, the allocutus or in submissions that are not contested by the prosecution (Saperus Yalibakut v The State (2006) SC890). I will take into account the explanation he gave as why he became so angry with his wife and the fact that he made admissions and a confessional statement to Police when interviewed on 3 October 2013.

5. Mr Kari submitted that a sentence in the range of eight to twelve years would be appropriate. He submitted that this is in line with category 1 of the Manu Kovi guidelines on sentencing as no offensive weapon was used (Manu Kovi v The State (2005) SC789).

6. Mr Popeu did not take issue with the categorisation of the case under the Kovi guidelines. However he submitted that the sentence should be 12 years as in the case of The State v John Loangesa CR 301/2000, 21.03.07.

7. To determine the appropriate penalty I will adopt the following decision making process:

A person who unlawfully kills another under such circumstances as not to constitute wilful murder, murder or infanticide is guilty of manslaughter.

9. The maximum penalty is therefore life imprisonment. The court has a considerable discretion whether to impose the maximum penalty by virtue of Section 19 of the Criminal Code.

10. In Manu Kovi v The State (2005) SC789 the Supreme Court suggested that manslaughter convictions could be put in four categories of increasing seriousness, as shown in the following table.

No	Description	Details	Tariff
1	Plea – ordinary cases – mitigating factors – no aggravating factors.	No weapons used – offender emotionally under stress – de facto provocation – killing in domestic setting – killing follows straight after argument – minimal force used – victim had pre-existing disease that caused or accelerated death, eg enlarged spleen cases.	8-12 years
2	Trial or plea – mitigating factors with aggravating factors.	Use of offensive weapon, eg knife, on vulnerable parts of body – vicious attack – multiple injuries – some deliberate intention to harm – some pre-planning.	13-16 years
3	Trial or plea – special aggravating factors – mitigating factors reduced in weight or rendered insignificant by gravity of offence.	Dangerous or offensive weapon used, eg gun, axe – vicious and planned attack – deliberate intention to harm – little or no regard for sanctity of human life.	17-25 years
4	Worst case – trial or plea – special aggravating factors – no extenuating circumstances – no mitigating factors, or mitigating factors rendered completely insignificant by gravity of offence.	Some element of viciousness and brutality – some pre-planning and pre-meditation – killing of harmless, innocent person – complete disregard for human life.	Life imprisonment

11. I agree with both counsel that this is a category 1 case: as it was a killing that occurred in a domestic setting, straight after an argument, and no weapons were used. The starting point is eight to twelve years imprisonment.

STEP 3: WHAT OTHER SENTENCES HAVE BEEN IMPOSED RECENTLY FOR EQUIVALENT OFFENCES?

12. I refer to five Madang cases in which men pleaded guilty to manslaughter. In each case the victim was the wife of the offender and death followed an argument in a domestic setting:

15. In weighing all these factors I consider that though there are more mitigating factors it was nonetheless a very serious case of domestic violence. I impose a sentence of 12 years imprisonment.

STEP 5: SHOULD THE PRE-SENTENCE PERIOD IN CUSTODY BE DEDUCTED FROM THE TERM OF IMPRISONMENT?

16. Yes. I decide under Section 3(2) of the Criminal Justice (Sentences) Act that there will be deducted from the term of imprisonment the whole of the pre-sentence period in custody, which is 11 months.

17. This is sadly yet another tragic case of domestic violence. A young woman's life has been lost, needlessly and brutally. The offender must be imprisoned. Only by imposing a prison term will the court be able to signify the gravity of the offence. There is no suspension.

18. Ben Narogi, having been convicted of one count of manslaughter contrary to Section 302 of the Criminal Code, is sentenced as follows:

Length of sentence imposed	12 years
Pre-sentence period to be deducted	11 months
Resultant length of sentence to be served	11 years, 1 month
Amount of sentence suspended	Nil
Time to be served in custody	11 years, 1 month
Place of custody	Lakiemata Correctional Institution

Sentenced accordingly.
________________________________________________________

Public Prosecutor: Lawyer for the State
Public Solicitor: Lawyer for the Offender

Age	23
Origin	Louvare village, Gloucester area
Upbringing	village
Marital status	widower
Family	unknown
Education	Grade 9
Employment	Cakara Alam logging company, chainsaw operator
Occupation	employed
Health	OK
Religion	unknown

National Court of Papua New Guinea

State v Narogi [2014] PGNC 170; N5798 (23 August 2014)