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State v Muli (No. 2) [2016] PGNC 130; N6325 (21 June 2016)

N6325


PAUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]


CR NO. 16 OF 2016


THE STATE


V


EVERLYN MULI (No.2)
Offender


Tari: Ipang J
2016: 21st June


CRIMINAL LAW – Sentencing – manslaughter – Criminal Code Act, section 302 – Plea of not guilty – prisoner killed husband by hitting him with a single wheel spanner on the upper left quadrant of the left abdomen causing rupture of spleen resulting in the death of the deceased – sentence of nine (9) years.


Cited Cases:


State v. Albert Kundudy [2010] PGNC 117; N4108 (22 April, 2010)
State v. Carol Alfred [2009] PGNC 29; N3602 (26 March, 2009)
State v. Hellen Markus Unreported CR. No. 641 of 2011 (20th February, 2015)


Counsel:


B. Gore, for the State
S. Inisi, for the Accused


DECISION ON SENTENCE


21st June, 2016


  1. IPANG J: The Prisoner has pleaded not guilty to one (1) count of murder pursuant to section 300 of the Criminal Code Act. A trial was conducted upon which the prisoner was found guilty and convicted on the alternative count of manslaughter pursuant to section 302 of the Criminal Code Act. This is the prisoner’s decision on sentence.
  2. The brief facts as I found are as follows; the prisoner is the wife of the deceased. On the 8th day of November 2014 at Kupari Village, Tari, Hela Province, the prisoner and the deceased had an argument. Whilst arguing the prisoner got a single wheel spanner and hit the deceased on the upper quadrant of the left abdomen, as a result killing the deceased. The autopsy report revealed that the deceased died as a result of a ruptured spleen and therefore died of hypovolaemic shock due to losing a lot of blood.

The Charge/ Penalty


  1. The section 302 of the Criminal Code Act, reads;

302. Manslaughter

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


Penalty: subject to section 19, imprisonment for life.


  1. The maximum prescribed penalty for the offence of manslaughter is imprisonment for life. However, it is the sentencing practice that the maximum penalty is usually reserved for worst types of cases.
  2. In order to reach an appropriate sentence for the prisoner, I take into account several factors;

The Antecedent Report tendered by the State Prosecutor records no prior convictions.


(ii) Allocutus

In allocutus, the prisoner said sorry to the deceased relatives. Sorry to the State and her lawyer. Sorry to CIS officers and the police. Sorry to the Court.


  1. The following are the mitigating factors
  2. The following are the aggravating factors

Submission by Defense


  1. Mr. Inisi of counsel for the prisoner submitted that the Court takes into account the circumstances leading up to the death of the deceased. That the deceased assaulted the prisoner for two (2) continuous days and the prisoner suffered bodily injuries. The Court to also take into account mitigating and aggravating factors to arrive at an appropriate sentence. Mr. Inisi submitted eight (8) years imprisonment to be appropriate sentence.

Submission by State


  1. Ms. Gore for State submitted that the prisoner has failed to report to Police of being assaulted by her deceased husband but decided to take the law into her own hands. She also submitted that there was no compensation paid. She submitted for a sentence between 10-12 years imprisonment.

Analysis of Factors


  1. This is a typical manslaughter case in a domestic setting. Two (2) days prior to his death, on the 8th of November, 2014 the deceased suspected his wife the prisoner of seeing another man. This has resulted in deceased assaulting the prisoner with a piece of stick. The assault by the deceased on the prisoner has caused her bodily injuries. The prisoner was pregnant at the time she was assaulted. The prisoner could not quite easily forgive the deceased as she said the deceased assaulted her in public and she felt bad.
  2. In State v. Hellen Markus CR. No. 641 of 2011 (Unreported) 20th February, 2015, the offender Hellen Markus pleaded guilty to one (1) count of manslaughter under section 302 of the Criminal Code Act. In this case, the deceased and the offender Hellen has a fight, after an argument after the deceased had locked the offender in their bedroom. The deceased slapped the offender on her mouth, then lifted her up and threw her on the bed. The offender saw the deceased approached her with a bush knife and a piece of wood. There were no lights in the room. The deceased then grabbed the offender and a struggle ensued. It was during that struggle that he (offender) stabbed the deceased with a small knife she possessed. Deceased died as a result of that stab wound. The offender was sentenced to nine (9) years imprisonment to serve two (2) years, the balance of the sentence to be sentenced.
  3. In State v. Carol Alfred [2009] PGNC 29; N3602 (26th March, 2009) the offender was convicted on one count of manslaughter under section 302 of the Criminal Code Act after and after she pleaded guilty, the deceased and the offender are husband and wife. On 30th June, 2007 at 6:30 PM, the offender was in the house when the deceased arrived. An argument arose between them. The deceased accused the offender of not preparing dinner for him. A fight ensued whereby during the course of the fight, the deceased took a torch and hit the offender on her left forearm and also on her head. The offender was badly injured and she accidently stabbed the deceased with a kitchen knife pierced the left upper thigh of the deceased, severing the muscle and blood vessels. As a result of the stab wound, deceased had loss of blood and he died. In the Alfred case (supra) the Court considered 10 years imprisonment as appropriate.
  4. In State v. Albert Kududu [2010] PGNC 117; N4108 (22 April, 2010), the offender killed his wife by hitting her three (3) times on her back with an open hand in the course of a domestic argument. He pleaded to the charge of manslaughter. A sentence of 12 years imprisonment was imposed. The pre-trial period spent in custody was deducted. None of the sentence was suspended.

SENTENCE


  1. I have considered submissions from both counsels. I also agree with Defense Counsel that I take into account the circumstances leading up to the commission of the offence. I took into account the mitigating and aggravating factors. I also took note of the State counsel’s submission that no compensation was paid. I also took note of the fact that unlawful killing in domestic setting is most common in this part of the country. I consider a sentence with deterrent effect will be most appropriate.
  2. In Helen Markus case (supra) it was a plea case and the sentence of 9 years was imposed. In Carol Alfred (supra) it was a plea case and 10 years imprisonment was imposed. In Albert Kadudu case (supra) 12 years imprisonment was imposed upon a guilty plea. However, in this present case, it was a not guilty plea and a trial was conducted. The logical sentence range would be between 9-12 years. I took into account she escaped and voluntarily surrendered herself back to CIS custody and the fact that she has given birth to a child and has the obligation to raise the child in a prison environment without the deceased’s assistance.
  3. I consider a sentence of nine (9) years to be appropriate. I deduct one (1) year, six (6) months for times spent in custody (pre-sentence period). This will live the offender to serve seven (7) years, six (6) months. A warrant of Commitment will be issued in this term.

Sentenced accordingly


Public Prosecutor: Lawyer for State

Public Solicitor: Lawyer for Accused


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