The State v Dii Gideon (2002) N2335

• Jurisdiction: Papua New Guinea
• Judge: Injia J
• Judgment Date: 05 March 2002
• Citation: (2002) N2335
• Court: National Court
• Year: 2002
• Judgement Number: N2335

Full Title: The State v Dii Gideon (2002) N2335

National Court: Injia J

Judgment Delivered: 5 March 2002

1 Criminal Law—Sentence—Rape—plea—Pack–rape—Expatriate 3 month old pregnant woman—Raped in front of family and foreign visitor—Prisoner had prior conviction for rape—Strong and punitive sentence appropriate—Twenty—Five (25) years imprisonment in hard labour.

2 John Aubuku v The State [1987] PNGLR 267, James Mora Meaoa v The State [1996] PNGLR 280 and The State v Peter Kaudik [1987] PNGLR 201 referred to

___________________________

N2335

PAPUA NEW GUINEA

[In the National Court of Justice]

CR 697 OF 2001

THE STATE

v.

DII GIDEON

Criminal Law – Sentence – Rape – plea – Pack-rape – Expatriate 3 month old

pregnant woman – Raped in front of family and foreign visitor – Prisoner had prior
conviction for rape – Strong and punitive sentence appropriate - Twenty – Five (25) years
imprisonment in hard labour.

Cases cited in the judgment

John Aubuku v. The State [1987] PNGLR 267;

Meaoa v. The State [1996] PNGLR 280

The State v. Kaudik [1987] PNGLR 201;

Ms Nidue for the State

Mrs Raymond for the accused

5 March 2002

INJIA J.: The prisoner comes from the Ambum Valley in the Enga Province. At the time of the offence he was residing at Peter’s Block, Kamkumung, Lae. He pleaded guilty to one count of rape contrary to s.347 of the Criminal Code.

The facts are that on the night of 22/2/99 at about 4.00a.m. the prisoner and four others armed with two guns, a screw driver and kitchen knife went to the home of an expatriate couple namely “Mr. RW & Mrs. TW (named)” which is situated at Cassowary road, Lae. They climbed over the wire fence, broke open the door and held up Mr. RW who came to open the door. They threatened to blow off his head, tied his hands and feet, put a gag in his mouth and forced him to lie face down on the floor. They then ransacked the home of personal belongings, to the total value of K19,000. Whilst this was going on, this accused and another accomplice went to the bedroom where Mrs. TW. was. This prisoner, described by Mrs. TW as the shorter person of the two men that entered the bedroom, had a kitchen knife. He repeatedly asked her if she was pregnant. She was trying to tell him that she was 3 months pregnant but she could not because he threatened to “put the knife in my head”. Then the other man took a flare gun situated in the room and pointed it at her. This prisoner then told her to open her legs which she did and he had sexual intercourse with her, without her consent. Then two of his other accomplices took their turn to have sex with her, again without her consent. After they had finished, they rushed out “brandishing” their weapons. Also held up in the room was a visitor from Australia Mr. PH (named). The couple’s daughter, one Miss Z (named), was asleep in the other bedroom but she was not harmed. The accomplice who held the long-barrel shotgun said that “this was the fault of the establishment and that we the expatriates had to pay for what was happening to the youth today.”

The prisoner is said to be 19 years old but he appears to me a bit older. This is not his first offence. On 16/12/98, the National Court sentenced him to 5 years IHL for rape. On 18/01/99, he escaped and was recaptured on 11/01/00. He committed this present offence, on 22/2/99, just one month after escaping from prison. His escape case is yet to be dealt with. On 7/12/01, Justice Kirriwom sentenced him to 14 years, IHL for the robbery component of this same incident. This sentence was ordered to be served cumulatively with the sentence for rape. He is now serving a total of 19 years.

Apart from this prisoner’s guilty plea and co-operation with the police in freely admitting the offence, there is no other mitigating factor to be considered in his favour. Despite his youth, he is a seasoned criminal with a bad criminal...