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State v Bagari [2016] PGNC 405; N6721 (12 May 2016)

N6721

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]


CR No. 473 of 2016


THE STATE


V


ZACHARIAH BAGARI


Daru : Koeget, AJ
2016 : 11th and 12th May


CRIMINAL LAW: Indictable offence – Unlawful Killing under section 302 of the Criminal Code Act chapter 262 – Accused pleaded guilty to the charge – Exercise of Court’s discretionary sentencing powers under section 19 of the Code.


Held:


  1. The Court must consider the circumstances in which the offender committed the offence resulting in the death of the deceased, and the deceased leaving behind widow and young children.
  2. The actions of the accused denied the widow and the children the love and care of their husband and father.
  3. The prisoner is sentenced to sixteen years imprisonment in hard labour.

Cases Cited:


Manu Kovi –v- The State [2005] SC 789


Counsels:


D. Mark, for the State
S. Ifina, for the Accused


12th May, 2016


  1. KOEGET AJ: Introduction: The accused is charged with Unlawful Killing of Nehemiah Steven Bagari on 25th of December 2015 at Severemabu Corner in Daru, in the Western Province. The charge is brought pursuant to section 302 of the Criminal Code Act chapter 262.

FACTS:


  1. On the morning of 25th December 2015, the accused returned to his house at Severemabu Corner after drinking alcohol with friends and relatives and celebrating Christmas.
  2. There was a drunkard brawl outside in which his cousins were engaged in fists fight and many bystanders were attracted by the fight so people were screaming loudly. The screaming by the bystanders attracted the attention of the accused so he picked up a kitchen knife and went to the location where the commotion arose.
  3. The deceased intervened to stop the fight when the accused stabbed him twice on the body. There was a wound on the right hand side of the abdomen of the deceased and it was a penetrating knife wound.
  4. The deceased was rushed to Daru General Hospital and was pronounced dead on arrival.

ARRAIGNMENT:


  1. The accused pleaded guilty to the charge and he was convicted accordingly.

ISSUE:


  1. The issue for the court to determine is what is the appropriate sentence to impose upon the prisoner.

LAW:


Section 302. Manslaughter


A person who unlawfully kills another under such circumstances as not to constitute wilful, murder or infanticide is guilty of manslaughter.
Penalty: Subject to section 19, imprisonment for life.


ALLOCATUS:


“I am sorry for what I did. I say sorry to my family and to the deceased’s family. I say sorry to the community as well. I am married and unemployed so Court should consider and be merciful”.


PERSONAL PARTICULARS:


  1. The prisoner is 35 years old and is from Severemabu village in the South Fly District of the Western Province. He resides at Kikori Corner in Daru with his immediate family members. He is married with three children of tender ages. He completed Grade 7 at Daru Chambers Primary school in 1999. He returned to live with his parents at Severemabu Corner till he got married then shifted to Kikori Corner with his wife.
  2. His father is deceased but mother is still alive and she resides at Kikori Corner with him. He has three brothers and four sisters. He is the fifth born in the family.

AGGRAVATING FACTORS:


  1. This was an unprovoked attack on an unarmed victim. A dangerous weapon was used to inflict very serious and life threatening injury. An innocent life was lost resulting in the family having no one to assist them in their life.

MITIGATING FACTORS:


  1. The prisoner pleaded guilty to the charge and saved the Court’s valuable time. He cooperated well with the police by making admissions in the record of interview and subsequently pleaded guilty in Court.
  2. He has no prior convictions and this is the first time he has been in trouble. He has been in custody at Daru Corrective Institutional Service for four months and sixteen days.
  3. In this case, the prisoner took the knife from his house to the location where his cousins were fighting. He had a purpose and it was fulfilled when he stabbed the deceased in the abdomen.
  4. The deceased died due to heavy loss of blood from the injuries inflicted by the prisoner. In my view it is too late to say sorry when someone has lost his life due to stupid and cowardice actions of the prisoner.
  5. Both Counsels in this case suggested that the court impose a sentence within the range between 13 – 16 years as set out by the Supreme Court in the case of Manu Kovi –v- The State [2005] SC 789.
  6. I considered the guideline in that case and note that the instant case before me falls into category 2 of the guidelines.
  7. In view of the guidelines in the case of Manu Kovi –v- The State (supra) and the Court’s sentencing discretionary powers under section 19 of the Criminal Code Act chapter 262, the appropriate sentence to impose upon the prisoner is sixteen years in hard labour.

SENTENCE:


  1. The prisoner is sentenced to imprisonment for sixteen years in hard labour. The pre-trial custody period is deducted and he is to serve the balance of sixteen years, seven months and one week.

ORDER:


  1. The prisoner is to serve the balance of sixteen years, seven months and one week at Daru Corrective Institution Services.

_______________________________________________________________
Public Prosecutor : Lawyer for State

Public Solicitor : Lawyer of Accused



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