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State v Jacob [2025] PGNC 304; N11457 (18 August 2025)

N11457

PAPUA NEW GUINEA
[NATIONAL COURT OF JUSTICE]

CR NO 221 OF 2025

STATE

V

MARIAH JACOB

GOROKA: WAWUN-KUVI J
3 JULY, 13, 18 AUGUST 2025

CRIMINAL LAW-SENTENCE-Criminal Code, s 302, Manslaughter-Domestic Setting-Use of knife-single stab wound to the chest- de facto provocation

Cases cited
Kumbamong v The State [2008] SC1017
Manu Kovi v The State (2005) SC789
Marangi v The State [2002] PGSC 15; SC702
Public Prosecutor v Thomas Vola [1981] PNGLR 412
Goli Golu v The State [1979] PNGLR 653
State v Koli [2023] N10183
State v Gene Bagel (2022) Cr 1054 of 2021, Unnumbered decision delivered on 22 February 2022
State v Aku George [2021] N9182
State v Kapoi [2021] PGNC 181; N9021
State v Dogoman Kora (2021) Cr No 1171 of 2018, Unnumbered decision, delivered on 13 August 2021
State v Kolokolo [2021] PGNC 74; N8849
State v Robin [2021] PGNC 165; N9022
State v Simon (2021) Cr No 94 of 2019 Unnumbered decision delivered on 11 February 2021
State v Roth [2019] PGNC 33; N7770
State v Aosa [2017] PGNC 244; N6907
State v Dabube [2017] PGNC 177; N6825
State v Waieng [2017] PGNC 126; N6775
State v Peter [2017] PGNC 124; N6772
State v Markus [2015] PGNC 86; N5944
State v Tinka [2013] PGNC 187; N5439
The State v Koli [2012] PGNC 373; N4620
State v Wennis [2011] PGNC 216; N4661
State v Kelly [2009] PGNC 34; N3624
State v Karapus [2009] PGNC 59; N3640

Counsel
K Umpake, for the State
V Move, for the offender

SENTENCE

1. WAWUN-KUVI, J: The offender and the deceased were once in a loving relationship. From that relationship, a child was conceived. However, following the birth of their child, the deceased deserted his family. He has been absent without support for 6 years up until the day of his death. It was midnight when the deceased approached the offender and casually asked her for betel nuts and cigarettes. Feelings of anger and frustration took hold of the offender as she thought about the abandonment of her and their child, and that the deceased, without regard for this, would just walk up and ask her for betel nut and cigarettes. That anger and frustration drove her to take a kitchen knife and stab the deceased in his chest. The impact was with such force that the knife penetrated his heart. Bystanders rushed him to the hospital; however, he had already died from the stab wound to his heart.
2. The offender was indicted on the charge of manslaughter under section 302 of the Criminal Code, a charge she had pleaded guilty to. I must now decide the appropriate penalty.
   

Purpose of Sentencing

3. In considering the offender’s sentence, I remind myself of the purpose of sentencing which includes but is not limited to, considerations such as punishment of the offender, rehabilitation, specific and general deterrence, communicating clearly that the community and society does not condone the offender’s conduct and in cases of violent and serious offences for the protection of the community.
   

Penalty

4. The maximum penalty is life imprisonment. The penalty is subject to section 19 of the Code.
5. I remind myself that the maximum penalty is reserved for the most serious case: Goli Golu v The State [1979] PNGLR 653.

Sentencing guidelines

6. In Manu Kovi v The State (2005) SC789 the Supreme Court provided guidelines in manslaughter convictions. The guidelines do not bind the Court in the exercise of its discretion.

8. The factors in this case appear to place it within the higher end of category one (1) and the lower end of category two (2). However, as stated the guidelines help when this Court considers the appropriate sentence, but it is the peculiar circumstance of this case that will be the relevant consideration,

Submissions

9. The State submits a sentence between 13 and 16 years following the guidelines in Manu Kovi. Counsel for the offender submits for a range between 4 and 9 years.
10. Counsel submits the following comparable cases:
11. Marangi v The State [2002] PGSC 15; SC702: This was an appeal on sentence. The appellant suspected the deceased of having an affair with her husband. She flew from her village to her husband’s residence. She found the deceased lying on the couch watching TV. The deceased was seven months pregnant. She stabbed the deceased twice in her chest. The sentence of 9 years was confirmed.
12. State v Koli [2023] N10183, Toliken J: The offender pleaded guilty to killing her husband in a domestic setting. Her husband was a corrections officer. She was at home peeling vegetables for dinner when he arrived home drunk and started an argument with her. He then started assaulting her. During the assault she used a knife and stabbed him in his underarm. She was sentenced to 9 years. Five years of the sentence was suspended.
13. State v Roth [2019] PGNC 33; N7770, Cannings J: The offender pleaded guilty to the assault of his wife causing her death. He had continuously beat her causing her multiple injuries. He was sentenced to 16 years imprisonment.
14. State v Aosa [2017] PGNC 244; N6907, Miviri AJ: In a domestic setting, the offender stabbed his wife in the chest with a scissor after suspecting her of being unfaithfully. He was sentenced to 15 years on his guilty plea.
15. State v Dabube [2017] PGNC 177; N6825, Koget AJ: The offender killed her husband in a domestic setting. She was subjected to abuse and assault by her husband who was a drug addict. On the relevant day she took her child and fled when the offender followed and accosted her. In fear, she threw a knife that struck the offender on his ankle. He died as a result of the injury. The offender plead guilty and was sentenced to 8 years imprisonment.
16. State v Markus [2015] PGNC 86; N5944, Davani J: The offender pleaded guilty to the manslaughter of her husband. Following an argument, there was a fight between the offender and the deceased. The offender proceeded to lock the deceased in their bedroom and assault her. She saw him approach with a bush knife and a piece of wood. She struggled with him and during the struggle, the offender stabbed the deceased with a knife she was holding. She was sentenced to 9 years imprisonment. The Court after considering factors in relation to battered women, suspended 7 years of the sentence.
17. State v Tinka [2013] PGNC 187; N5439, David J: The offender pleaded guilty to killing her co-wife. The offender together with the deceased and their common husband attended a mediation over marital issues that had arisen between the offender, the deceased and their common husband. The offender was the first wife and the deceased the second wife. The mediation was to discuss the neglect of the offender and their 4 children by her husband. A disagreement broke out between the prisoner and the deceased. Frustrated, the offender walked to the deceased and stabbed her with a knife once in the chest area. She was sentenced to 10 years imprisonment.
18. State v Wennis [2011] PGNC 216; N4661, Batari J: The offender pleaded guilty. The offender was attending a Women's Day function and was returning home with her husband when a heated argument ensued. Her husband chased her towards the road and attempted to punch her. She deflected the blow and at the same time, drew a 17cm blade kitchen knife. She swung the knife stabbing the deceased on his left chest. She was sentenced to 12 years imprisonment. 5 years of the sentence was suspended, and she was ordered to serve the balance of 5 years.
19. State v Kelly [2009] PGNC 34; N3624, Makail J: The offender pleaded guilty to the manslaughter of her co wife. Offender is the first wife, and the deceased is the second wife. The husband abandoned the offender and their three children and went to live with the deceased in the deceased village. Prior to the date of the offence the offender had a heated argument with the deceased and their husband. On the date of the offence, the offender armed herself with a kitchen knife and went to the deceased home. An argument ensured. The argument led to a fight. During the fight, the offender stabbed the deceased in the neck. The deceased died as a result. The offender was sentenced to 12 years imprisonment. Time spent in custody was deducted. No part of the sentence was suspended.
20. Other comparable cases involving domestic arguments while little history of domestic violence, the offence arose because of strong underlying emotions prompted the reaction by the offender:
21. Kumbamong v The State [2008] SC1017: The Supreme Court partially upheld an appeal against a sentence of 9 years, by wholly suspending the balance after deducting the pre-trial and post-conviction period of 2 years, 1 month in detention. The offender went looking for her husband at the deceased’s residence. When she got there, she found the deceased sitting on a chair in the living room of her house drinking coffee. The offender suggested that the deceased go and live with her and her children in her house so that their husband could look after all of them under one roof. Rather than giving any consideration to the proposal, the deceased verbally insulted the offender and then armed herself with a knife that was there on the table and started to attack the offender. On realizing she had no way of escaping, the offender wrestled the knife from the deceased and stabbed the deceased on her head and back many times causing the deceased to collapse and die instantly. She pleaded guilty to manslaughter.
22. State v Gene Bagel (2022) Cr 1054 of 2021, Unnumbered decision delivered on 22 February 2022, Liosi J: The offender pleaded guilty to killing her husband. During a heated argument, she took out a knife and stabbed him in the left buttock. He died from blood loss. She was sentenced to 8 years imprisonment.
23. State v Aku George [2021] N9182, Kangwia J: The offender pleaded guilty to killing her husband. She was consuming alcohol with her husband and then proceeded to bed. She was asleep with her child when the deceased entered the room and struck her leg with a bush knife. She left for the safety of her neighbor’s house. After some time had passed, the offender came out of her neighbor’s house to smoke a cigarette. The deceased approached her and struck her with the blunt side of a bush knife. The offender grabbed a knife and stabbed the deceased in his chest. She was sentenced to 8 years imprisonment.
24. State v Kapoi [2021] PGNC 181; N9021, Berrigan J: The offender pleaded guilty to the manslaughter of her de facto husband. She stabbed the deceased with a knife in the back. The offender and the deceased were in an argument when the offender told the deceased to pack his belongings and leave. The statement angered the deceased who stormed towards the offender with his fist clenched. The offender who was armed with a knife stabbed the deceased in the back as he attempted to walk away. The offender was sentenced to 11 years imprisonment. 3 years of the sentence was suspended.
25. State v Dogoman Kora (2021) CR No 1171 of 2018, Unnumbered decision, delivered on 13 August 2021, Liosi J: The offender and his wife went to the police station to resolve marital issues. The police officer counselled them and sent them away. They each travelled in separate vehicles. The offender arrived first and waited for the deceased. When the vehicle she was travelling in arrived, the offender approached and stabbed the deceased once and ran off. The deceased died because of the stab wound. The offender was frustrated over their separation by the deceased family. He was sentenced to 9 years imprisonment.
26. State v Kolokolo [2021] PGNC 74; N8849, Tusais AJ
    (as he then was): The offender pleaded guilty to the stabbing of her de facto husband. He died because of the injuries. She had an argument with him over suspicions of an extra marital affair. She stabbed him in both legs as he was walking away from the argument. She was sentenced to 10 years imprisonment. 2 years of the sentence was suspended because of the payment of compensation.
27. State v Robin [2021] PGNC 165; N9022, Berrigan J: The offender pleaded guilty to the manslaughter of her co-wife. She stabbed the deceased in the back with a knife. The offender and the deceased were married to the same man, and all were living in the same accommodation. The women argued over space. The deceased struck the offender on the head with a bilum, causing the offender to fall. The deceased then ran off. The offender ran after the deceased. The deceased tripped and fell. The offender stabbed her in her back whilst she was on the ground. The offender was sentenced to 12 years imprisonment. Three years of the sentence was suspended.
28. State v Simon (2021) Cr No 94 of 2019 Unnumbered decision delivered on 11 February 2021, Liosi J The offender pleaded guilty to stabbing his wife once in the back resulting in her death. The deceased was returning home when she met the offender along the road. They had an argument. During the argument, the offender stabbed the deceased once in the back. He was sentenced to 12 years imprisonment.
29. State v Waieng [2017] PGNC 126; N6775, Liosi, AJ: the offender pleaded guilty to the manslaughter of her husband’s girlfriend. She had suffered 8 years of fighting and arguments over her husband’s continued relationship with the deceased. She and her husband had four children. Her husband would often leave them without support and go live with the deceased. She had obtained a preventive order for the Village Court against them. That order did nothing to stop the relationship. She then went to the District Court to file for Adultery. She withdrew the case because of threats from her husband. She then sought assistance of the Welfare Department. On the day of the offence, she went in search of her husband because he failed to return home the previous night. She saw the deceased, and they argued. An argument led to a fight. The offender produced the knife she was armed with and stabbed the deceased twice in the back and once in the chest. The deceased died because of those injuries. Compensation was paid. The offender was sentenced to 10 years. Time spent in custody of 2 years was deducted. 2 years of the sentence was suspended.
30. The State v Koli [2012] PGNC 373; N4620, Makail J: The offender was sentenced to 8 years imprisonment for causing the death of her husband. A charge that she pleaded guilty to. The offender demanded that the deceased return K10.00 because it was money she was saving for the children’s school fees. An argument ensued and the deceased picked up a Bamboo stick and hit the deceased twice. The offender took refuge from a bystander who stopped the fight. The offender walked away, and the deceased followed her by striking her with the bamboo twice more. The offender turned around and stabbed the deceased in the chest. He died at the hospital. The pre-sentence custody of 8 months was deducted leaving the balance to be served.
31. State v Peter [2017] PGNC 124; N6772, Liosi AJ (as he then was): The offender pleaded guilty to the manslaughter of her co-wife. The deceased is the first wife, and the offender is the second wife. The relationship was not a happy one. The deceased would at times leave the family home and her children in the care of the offender. Their husband would go and bring her back. On the date in question, the deceased started an argument with the offender. A fight ensued. During the fight, the offender picked up a knife and stabbed the deceased on the right side of her head above the ear. She then stabbed the deceased in the back, which penetrated her left lung and heart. The offender was sentenced to 9 years imprisonment. Time spent in custody was deducted and 3 years of balance was suspended.
32. State v Karapus [2009] PGNC 59; N3640, Makail J; The offender pleaded guilty to the stabbing of her husband’s 17-year-old girlfriend. Her husband had abandoned her, and she was left to raise four children on her own. On the day of the offence, she returned from the garden carrying food and her baby when the deceased insulted her and made obscene gestures at her. She took the matter to the village court, but her husband and the deceased would not turn up. The deceased mother and father were pushing for the deceased to marry her husband. She took out a knife and stabbed the deceased three times on her body. The deceased died as a result. She was sentenced to 10 years imprisonment.
33. Mr Umpake for the State has submitted that whatever sentence the Court impose, I must balance the fact that the offender’s actions were promoted by her emotions. She and her child where deserted and on the relevant time, the offender appeared and without any regard for the abandonment, casually asked for betelnut and cigarettes. He maintains that taking the life of another human being is not the appropriate reaction.
34. Ms Move also contends that there was de facto provocation. I do not however accept her submissions that the offender was subjected to domestic violence as there is no evidence of this in the committal brief or the pre-sentence report.
35. The comparable cases show that generally in domestic cases even when weapons are used but where there is no intent to kill but instead the reaction of the offender was prompted by strong emotions, whether it be abandonment, neglect, abuse, unfaithfulness, unfairness, co wife rivalry, the sentences have been within 8-12 years. However, even, the sentences of custody of 12 years were suspended to bring down the custodial sentence to 8 or 9 years.

Allocutus

36. In allocutus the offender apologised and expressed concerns for her child who is with the deceased family.

Culpability

37. There was no premeditation or preplanning. The offender was carrying on with her life the best way she could when the deceased approached her. She stabbed him once. I give the benefit to her based on the facts in this case, that the force was more out of frustration then a strong desire to kill. The circumstances of this case fall on the lower end of the comparable cases.

Harm

38. I thank the probation officer Michael J Yimbal for contacting the deceased father and obtaining his views to assist in sentencing.
39. The deceased was his first child and the only male in a family of daughters. He stated that he was emotionally impacted by the loss of his son and feels sorrow for the loss that was senseless. He stated that he resent the offender until the day he dies.
40. In addition, he and his family have spent money on hospital bills, transport, funeral and burial expenses totally up to K15, 000. He has been affected financially because of the death.
41. He asks for a custodial sentence.

Factors in Aggravation

42. I accept that a knife was used, that the deceased was not armed and did not pose a risk to the safety of the offender, that the offence is prevalent and significantly that a life was lost and can never be replaced

Factors in Mitigation

43. Factors in mitigation are that the offender is a first-time offender, her plea of guilty, cooperation with police, and de facto provocation for the desertion. I do not accept that there was domestic violence as there is nothing in the depositions and pre-sentence report.

Consideration

44. With the degradation of moral values in our society, these types of offences are becoming prevalent. Fathers are abandoning their children increasingly in modern-day Papua New Guinean society. Many women are left to take up the responsibility alone. These situations become a cause of frustrations, anger, and domestic disputes throughout our country. Family Courts are inundated with desertion cases. In the present case, the deceased had abandoned his family and later returned, asking for betel nuts and cigarettes. This conduct, regardless of gender, would understandably provoke outrage. I therefore acknowledge that this amounted to provocation as a matter of fact. However, under the law, the deceased's conduct does not excuse or justify a violent response. As Mr. Umpake correctly submitted, the appropriate course of action would have been for the offender to ignore the deceased and walk away. Instead, by resorting to lethal violence, she ignored the needs of her child to have a mother and as such the immediate consequence is that she is unable to care for him and watch him grow up.
45. I have balanced all the matters discussed in this decision and given thought to each of the factors for and against the offender, I find that a sentence of 9 years imprisonment is appropriate.
46. The time spent in custody is deducted and the offender shall serve the balance.
47. The next question is whether any part of the sentence should be suspended.
48. I remind myself that the maximum penalty is life imprisonment. The peculiar circumstances of the case then determine whether the offender should receive the sentence of life imprisonment or less.
49. I also remind myself that the same factors that reduced a sentence cannot be the same factors to consider in suspension: Public Prosecutor v Thomas Vola [1981] PNGLR 412. That suspended sentence is still a sentence but one that allows the offender to serve it in the community. As such, the communities’ views are relevant. Here there is none because it has been said that the offender was not a permanent resident and has no family in the community.
50. The victim’s views are important, and the father of the deceased wishes for a custodial sentence.
51. In any event a life has been lost, and a message must be communicated that the taking of a human life is never condoned.
52. No part of the sentence shall be suspended.

Orders

53. The Orders are as follows:
    1. The offender is sentenced to 9 years imprisonment.
    2. The time spent in custody is deducted.
    3. The offender shall serve her sentence in light labour at Bihute Correctional Institution.
    4. The warrant of commitment shall reflect the time deducted and the balance to be served.
    5. The CR file and the bail file if any are closed.

________________________________________________________________
Lawyer for the State: The Acting Public Prosecutor
Lawyer for the offender: The Public Solicitor