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State v Sebako [2019] PGNC 80; N7764 (18 February 2019)

N7764

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR No. 1342 OF 2018

THE STATE

-V-

DALIM OKI SEBAKO

Daru: Koeget, J
2018: 10^th December
2019: 12^th & 18^th February

CRIMINAL LAW - Indictable offence – murder pursuant to section 300(1)(a) of the Criminal Code Act chapter 262 – sentence on guilty plea – Exercise of court’s discretionary powers under section 19 of the Criminal Code Act.

Facts

On the early morning of 10^th June 2018 between 3:00 clock and 3:30, the deceased whilst under the influence of homebrewed tuba was causing disturbances in the village.

The prisoner being the older brother went to stop the deceased from disturbing the peace but he did not so the prisoner became angry and swung a bush knife and cut the cuff muscle of the right and left legs.

The deceased fell to the ground and bled profusely so was rushed to Tapila Rural Health Centre.
He died at Tapila Rural Health Centre due to heavy loss of blood.

Case Cited:

Nil

Counsel

D. Mark, for the State
T. Pailaea, for the Accused

18^th February, 2019

1. KOEGET J: INTRODUCTION: The prisoner is charged with one count of Murder pursuant to section 300 (1)(a) of the Criminal Code Act chapter 262. He pleaded guilty to the charge so he was convicted accordingly.

ISSUE

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

LAW

“Section 300: Murder.

(1) subject to the succeeding provisions of this Code, a person who kills another person under any of the following circumstances is guilty of Murder –

• (a) If the offender intended to do grievous bodily harm to the person killed or to some other persons; or ......”
  

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

PERSONAL PARTICULARS

3. He is 33 years of age and is a bachelor.

4. He was a subsistence gardener at the time of commissioner of the offence. He is an illiterate and lived in the village all his life except after taken into custody for this offence.

AGGRAVATING FACTORS

5. The prisoner inflicted two severe knife wounds on the deceased. The right and left calf muscles were severe and gaping wounds appear on both legs. The deceased died due to heavy loss of blood.

MITIGATING FACTORS

6. The deceased was causing disturbances in the village. He was intoxicated after drinking homebrewed tuba, a drink made from coconut.

7. The prisoner intervened to stop the deceased from causing disturbance but did not stop so this angered the prisoner to attack him with the bush knife.

8. He is sorry from the loss of his brother and regrets what he did to his younger brother. He surrendered to the police at Tapila on the same day (9^th June, 2019).

SENTENCE

9. This was a vicious attack on the deceased who was unarmed causing disturbances in the village after drinking tuba. The wounds were very severe and the deceased bled to death. He died at the Tapila rural health Centre shortly after arrival.

10. The maximum sentence for such offence is life imprisonment. In the given circumstances of the case, imposition of maximum sentence is not warranted. Rather an imposition of a fixed period would be fair and just in my view.

11. The Supreme Court in The State –v- Manu Kovi (2005) PGSC 34, SC789, set the tarrif of sentences for such offences between the range of 16 – 20 years. This is a higher court decision and is binding so this court is obliged to follow and apply the guide lines in that case.

12. So the sentence of the court is that the prisoner is sentenced to be imprisoned for 16 years in hard labour. The pre-trial custodial period is ordered to be deducted and he is to serve the balance of 15 years, 2 months, 2 weeks and 1 day at Daru Corrective Institutional Services.

Accordingly Ordered
_____________________________________________________________
Public Prosecutor: Lawyer for State

Public Solicitor: Lawyer of Accused