John Aubuku v The State [1987] PNGLR 267

• Jurisdiction: Papua New Guinea
• Judge: Bredmeyer J, Los J, Hinchliffe J
• Judgment Date: 29 July 1987
• Citation: [1987] PNGLR 267
• Court: Supreme Court
• Year: 1987
• Judgement Number: SC341

Full Title: John Aubuku v The State [1987] PNGLR 267

Supreme Court: Bredmeyer J, Los J, Hinchliffe J

Judgment Delivered: 29 July 1987

PAPUA NEW GUINEA

[SUPREME COURT OF JUSTICE]

JOHN AUBUKU

V

THE STATE

Waigani

Bredmeyer Los Hinchliffe JJ

28-29 July 1987

CRIMINAL LAW — Sentence — Rape — Guidelines — Different kinds of rape — Aggravating circumstances — Mitigating factors.

CRIMINAL LAW — Sentence — Rape — Police officer raping woman held in custody — Threat of bush knife used — Sentence of 10 years affirmed.

The following guidelines are to be taken as appropriate to sentencing for rape:

(1) the offence is a serious crime which is to be punished by an immediate punitive custodial sentence other than in wholly exceptional circumstances;

(2) for rape committed by an adult without any aggravating or mitigating features, a figure of five years should be taken as the starting point;

(3) for rape committed by two or more persons acting together, or by a person who has broken into or otherwise gained access to a place where the victim is living, or by a person who is in a position of responsibility towards the victim, or by a person who abducts the victim and holds her captive, the starting point should be eight years;

(4) for rape committed as part of a concerted campaign, where the accused represents more than an ordinary danger, a sentence of 15 years or more may be appropriate;

(5) for rape committed in circumstances which manifest perverted or psychopathic tendencies or gross personality disorder, and where if the accused is likely, if at large, to remain a danger, a life sentence will not be innappropriate;

(6) where any one or more of the following aggravating factors are present the sentence should be substantially higher than the suggested starting point;

(a) violence over and above the force necessary to commit rape;

(b) use of a weapon to frighten or wound the victim;

(c) the rape is repeated;

(d) the rape has been carefully planned;

(e) the accused has previous convictions for rape or other serious offences of a sexual or violent kind;

(f) the victim is subjected to further sexual indignities or perversions;

(g) the victim is either very old or very young;

(h) the effect upon the victim, whether physical or mental.

(7) matters which may be relevant to mitigation include:

(a) a plea of guilty;

(b) the age of the defendant; and

(c) the degree of involvement of the defendant in the planning and carrying into effect of the crime;

but do not include:

(d) the fact that the victim may be considered to have exposed herself to danger by acting imprudently; and

(e) the previous sexual experience of the victim.

R v Billam [1986] 1 WLR 349, adopted and applied.

The State v Kaudik [1987] PNGLR 201, approved and followed.

Held

Accordingly, that a sentence of 10 years imposed on a police officer who raped a suspect in custody at the police station and threatened her with a knife was not excessive.

Cases Cited

R v Billam [1986] 1 WLR 349; 1 All ER 985.

State, The v Peter Kaudik [1987] PNGLR 201.

Note

See also The State v Koupa [1987] PNGLR 208.

Counsel

E Kariko, for the appellant.

V Noka, for the respondent.

Cur adv vult

29 July 1987

BREDMEYER LOS HINCHLIFFE JJ: This is an application...