Jack Tanga v The State (1999) SC602

• Jurisdiction: Papua New Guinea
• Judge: Jalina J, Injia J, Kirriwom J
• Judgment Date: 19 April 1999
• Citation: [1999] PNGLR 216
• Court: Supreme Court
• Year: 1999
• Judgement Number: SC602

Supreme Court: Jalina J, Injia J, Kirriwom J

Judgment Delivered: 19 April 1999

SC 602

PAPUA NEW GUINEA

[IN THE SUPREME COURT OF JUSTICE]

SCR 120 OF 1998

Jack Tanga

-Appellant-

-v-

The State

-Respondent-

Lae : Jalina, Injia & Kirriwom JJ

1999 : February 23rd & 24th

April 19th

Criminal Law — Sentence — Manslaughter — Plea — Killing of wife — 12
years
- Principles and range of sentences for manslaughter discussed — Appeal dismissed -
Criminal Code (Ch. 292), S.302.

CASES CITED:

Rex Lialu -v- The State [1990] PNGLR 487;

CRA No. 64 of 1994 Antap Yala -v- The State (Unreported)

The State -v- James Make & Others N1748 [1998].

The State -v- Maria Er N1749 [1998].

Appellant in person

R. Auka for respondent

19th April 1999

BY THE COURT: This is an appeal by the appellant in person, against sentence only. He was sentenced to twelve (12) years imprisonment for unlawfully killing his own wife contrary to S.302 of the Criminal Code (Ch. 262). The sentence was imposed by the National Court in Lae on 4 August 1998 after the appellant pleaded guilty to the charge.

The short facts of the case are that on 13 January 1998, about 5p.m., the appellant, who was drunk, argued with the deceased over his uncle. In the course of the argument, he chased her down a river, caught up with her, and repeatedly punched and kicked her all over her body and rendered her unconscious for a short while. Whilst she lay on the ground unconscious, he mocked her by raising his thumb up and said: "Oh, the lady is dead, not to worry." He then lifted her up and carried her further down the river and laid her down on the ground. When she regained consciousness, he pulled her hair and repeatedly punched and kicked her until she could not move. Shortly thereafter, she was later taken to hospital where she was pronounced dead on arrival. During the entire episode, the deceased was unarmed and did not fight back. She died from multiple causes namely, ruptured spleen in association with loss of blood, head injuries and hepatic trauma, all directly resulting from the accused's kicks and punches.

The offence of manslaughter is a serious offence. This is reflected by the maximum punishment which is life imprisonment. This reflects the value the society places on human life and its total condemnation of one person's unlawful taking of another's life under any circumstances. The approach to be adopted in determining the punishment in a particular case is set out by the Supreme Court in Rex Lialu -v- The State [1990] PNGLR 487; and that is to have regard to the aggregate effect of all the relevant considerations, factors which aggravate or...