N6825

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR NO. 1038 of 2015

THE STATE
 
V

 LEILA DABUBE

			         Popondetta  	: Koeget, AJ
			         2017: 10th & 21st June.

CRIMINAL LAW -  Indictable offence – unlawful Killing under section 302 of the Criminal Code Act – accused pleaded guilty to the charge – maximum sentence of life years – Exercise of Court’s discretionary powers under section 19 of the Criminal Code Act.

Cases Cited:	

Manu Kovi –v- The State (2005) SC 789
Thress Kumbamong –v- The State (2008) SC1017
The State –v- Vira H. Yaurabae (2016) N6253

Counsel:
	
L. Toke, for the State
E. Yavisa and C. Namono, for the Accused

 21st June; 2017

1.	KOEGET, AJ: INTRODUCTION:  The accused is charged that on 22nd day of February, 2015 at Ogen village, Afore in the Oro Province unlawfully killed her husband, Stanley Peteary.  The charge is brought under section 302 of the Criminal Code Act chapter 262.

FACTS:

2.	The deceased in this case is the husband of the accused.  The accused’s marriage to the deceased was unhappy one as the deceased constantly assaulted and threatened to kill her daily as he was a drug addict.  The accused lived in fear of the deceased most times.

3.	On 22nd of February, 2015 the deceased arrived at the garden hut intoxicated with illicit drugs and kicked the pot of vegetable the accused had cooked for the family.  The accused picked up their child and return to the village.  The deceased followed the accused to the village and assaulted her.  The accused in fear left the child, picked up the knife and threw it at the feet of the deceased and it struck him on the ankle and inflicted severe wound to the leg.  There was heavy loss of blood from the wound and the deceased died as a result.

ARRAIGNMENT:

4.	The accused pleaded guilty to the charge so she has been convicted accordingly. 

ISSUE:

5.	The issue for the Court to determine is; what is the appropriate sentence the Court should impose upon the prisoner?

LAW:

“302.  Manslaughter.

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

Penalty:	Subject to section 19, imprisonment for life.”

PERSONAL PARTICULARS:

6.	The prisoner is approximately 35 years of age and is a widow.  She has young children from the marriage with the deceased.  The children were looked after by her sister who is now deceased.  She died early this year and the prisoner does not know who will care for the children now.

7.	The prisoner had no formal education and was a villager when she committed this offence.  Her parents are deceased and the only sister she had is now deceased as well.   She belongs to the Christian Revival Church in her village.

AGGRAVATING FACTORS:

8.	This type of offence is prevalent in the country and life is lost forever.  A weapon was used in the commission of the offence.
MITIGATING FACTORS:

9.	The prisoner pleaded guilty to the charge and saved valuable time of the court.  She is a first time offender and was remorseful.  She had been subjected to constant assault, abuse and insults by the deceased who consumed illicit drugs daily.  She lived in fear of the deceased until the fatal day when she inflicted the injury on the right ankle of the deceased.

10.	The prisoner was arrested and taken into custody on 10th of April, 2015.  So she has been in custody awaiting disposal of this case for 2 years, 2 months and 10 days.

SENTENCE:

11.	The facts of the case demonstrate that this was an unintentional killing and the death was unfortunate.  The prisoner was subjected to systemic assaults and abuses by the deceased daily.  She lived in great fear of the deceased daily and it seems the deceased enjoyed it.

12.	The prisoner admitted commission of the offence and is sorry for what she did to her husband.

13.	The Defence counsel cited cases of Thress Kulmbamong –v- The State [2008] SC 1017, Manu Kovi –v- The State (2005) PGSC 34, SC 789, The State –v- Vira H Yaurabae (2016) N6253 and suggested in the submission that a sentence between 10 – 13 years would be appropriate in the circumstances.  This submission was supported by counsel for the State.

14.	I accept the submissions on sentence by Counsel and note in particular that the prisoner committed the offence to save herself from abuse and assaults by the deceased resulting in her living behind four (4) young children in the village without adequate support from relatives.

15.	These facts out weight the aggravating factors and in the exercise of the Court’s discretionary powers under section 19 of the Criminal Code Act, the prisoner is sentenced to be imprisoned for a period of 8 years in hard labour.  

16.	The pre-trial custodial period of 2 years, 2 months and 10 days is deducted and the prisoner is to serve the balance of 6 years, 9 months and 4 days in Biru Corrective Institute Services.
____________________________________________________________
Public Prosecutor	: Lawyer for the State	
Public Solicitor	: Lawyer for the Accused