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State v Pinpin [2017] PGNC 237; N6883 (15 September 2017)

N6883

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR No. 1088 of 2017

THE STATE

V

ELISAH PINPIN

Daru : Koeget, AJ
2017: 14^th, 15^th September

CRIMINAL LAW- Indictable offence – Unlawful Killing – section 302 of the Criminal Code Act – plea – maximum sentence – discretionary powers of Court under section 19 of the Criminal Code Act chapter 262.

FACTS

On the afternoon of 13^th March 2016 between 4:30 o’clock and 5 o’clock the accused was in Bina No. 2 village in the Middle Fly District of the Western Province. An argument arose between the deceased Joel Waria and his uncle Kamato Bane over tuba, a home brewed alcohol drink. A fight ensued and other villagers intervened to separate them.

The deceased kept on talking and insisting to fight with his uncle. The accused took a bush knife and approached the deceased from the rear and he struck a blow at the deceased with the bush knife. The bush knife struck the deceased in the abdomen, below the rib case causing the internal organs to pour out.
The deceased was taken to Daru General Hospital and he died two days later.

Cases Cited:

Manu Kovi –v- The State (2005) SC 789

Counsel:

D. Mark, for the State
W. Dickson, for the Accused.

15^th September, 2017

1. KOEGET, AJ: The prisoner pleaded guilty to the charge so he was convicted accordingly.
   

ISSUE

2. The issue for determination is what is the sentence the court should impose upon the prisoner.
   

LAW

Section 302. Manslaughter

“A person who unlawfully kills another under such circumstances as not to
Constitute wilful murder, murder or infanticide is guilty of a crime.

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

PERSONAL PARTICULARS

3. The prisoner is 24 years of age and is married with one child. He is a first time offender.

AGGRAVATING FACTORS

4. The fight did not involve him so should not have engaged in the assault of the deceased. The prisoner was not assaulted or offended by actions of the deceased so had absolutely no reasons to pick up the bush knife and strike a savage blow to the abdomen of the deceased causing deep wound resulting in the internal organs pouring out.

5. A bush knife was used to cause the injury on the deceased from which he later died.

6. A life is lost and cannot be resurrected by mere apology.

MITIGATING FACTORS

7. The prisoner cooperated well with the police when he admitted the commission of the offence to them. He admitted commission of the offence in the record of interview between himself and the police investigators.

8. He pleaded guilty to the charge saving valuable time of the court so credit is accorded for the cooperation offered.

SENTENCE

Case Law Authority

9. Both counsel referred to the case of Manu Kovi –v- The State (2005) SC789 and suggested that the sentence be within the range of 8 to 16 years. That this case falls with category 1 of Manu Kovi –v- The State (supra).

10. I am guided by sentences I impose on such offenders in cases I dealt with previously in 2016 and early this year in Western, Gulf and Oro Provinces and also the tarrif set out in the case of Manu Kovi –v- The State.

11. The prisoner has been in custody for one year, 6 months and 14 days as of todays date. The prisoner is sentenced to be imprisoned for 14 years in hard labour. The pre-trial custodial period of one year, 6 months and 2 weeks are to be deducted.

12. The prisoner is to serve the balance of 12 years 5 months and 2 weeks at Daru Corrective Institution Services.

ORDER
_____________________________________________________________
Public Prosecutor: Lawyer for State

Public Solicitor: Lawyer of Accused