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State v Dikana [2018] PGNC 589; N8009 (16 February 2018)

N8009

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR No. 1547 OF 2017

THE STATE

V

VICTOR LOA DIKANA

Daru: Koeget, J
2018: 12^th & 16^th February

CRIMINAL LAW - Indictable offence – Unlawful Killing – Section 302 of the Criminal Code Act chapter 262 – guilty plea – Maximum Sentence – exercise of discretion under Section 19 of the Criminal Code Act.

FACT

On 12^th of November, 2016 the accused drank homebrewed alcohol at Severemabu Corner in Daru, Western Province.

Between ten o’clock at night and one o’clock in the morning of 13^th November, 2016 he approached the deceased’s house at Severemabu Corner and swore at the deceased Saumi Tom Taipi and accused him of using sorcery on his relatives.

The deceased went outside of his house and confronted the accused and both exchanged punches. The accused was punched and he fell to the ground.

He pick up an iron rod used as a pot stand and hit the deceased twice on the left hand side of his head causing the deceased to fall to the ground. The deceased became unconscious and was rushed to Daru General Hospital.

The medical officers on duty that night and the hospital staff stitched up the wound and released the deceased. The next morning the deceased whilst having bath fell unconscious and he was rushed to the Daru General Hospital where he was pronounced dead on arrival. The post mortem report tendered to the court states that the deceased died due to “subdual haemorrhage” as a result of the injury inflicted to the left hand side of the head by blunt object.

Counsel:
D. Mark, for the State.
E. Sasingian, for the Accused.

16^th February, 2018

1. KOEGET J: INTRODUCTION: The accused is charged with one count of unlawful killing pursuant to Section 302 of the Criminal Code Act, chapter 262.
   

ARRAIGNMENT

2. The accused pleaded guilty to the charge on arraignment. I note admissions by the accused in the record of interview between himself and the police investigating officer dated 24^th January, 2017 so the accused was convicted accordingly.
   

ISSUE

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

LAW

4. “Section 302. Manslaughter.
   

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

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

PERSONAL PARTICULARS

5. The prisoner is 27 years of age and is a bachelor. He attended Daru Monfort Primary school and completed grade 8 and returned to live with his parents at Severemabu Corner in Daru town. He is self employed.

AGGRAVATING FACTORS

6. An iron rod was used to hit the deceased on the head twice. A life is lost and cannot be resurrected. Such offence is now prevalent in Daru and in the country.
   

MITIGATING FACTORS

7. The prisoner pleaded guilty and he cooperated well with the police where he admitted commission of the offence in the record of interview with the police investigating officers. He is a first time offender.
   
8. He has been held in custody awaiting disposal of this case for one year and three months.
   
9. The prisoner used iron rod to assault the deceased on spree of moment, it was not a pre meditated killing.
   
10. The cause of death of the deceased is partially attributed to the negligence of the medical staff on duty that night at Daru General Hospital. They did not check the wound on the deceased’s head thoroughly prior to stitching the wound and releasing him from the hospital the same day.
    

SENTENCE

11. A life is lost due to fault of the prisoner and it cannot be resurrected.
    
12. The maximum sentence for such offence prescribed by the Code is an imprisonment for life.
    
13. In the exercise of the discretionary powers conferred under section 19 of the Criminal Code Act, a lesser sentence will be imposed in line with previous cases I dealt with here in Daru.
    
14. In view of the sentences I imposed on prisoners in the cases of

The State –v- Zacharias Bagari, The State –v- Gawera Walter and Manu Kovi –v- The State (2005) (SC 789), a similar sentence ought to be imposed.

15. The prisoner is sentenced to imprisonment for 15 years in hard labour. The pre- trial period of one year and three months is deducted, he is to serve the balance of 13 years 9 months at Daru Corrective Institutional Services.
    

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