The State v Isidor Kaream (2004) N2610
| Jurisdiction | Papua New Guinea |
| Judge | Sevua J |
| Judgment Date | 11 May 2004 |
| Citation | (2004) N2610 |
| Court | National Court |
| Year | 2004 |
| Judgement Number | N2610 |
Full Title: The State v Isidor Kaream (2004) N2610
National Court: Sevua J
Judgment Delivered: 11 May 2004
1 CRIMINAL LAW—Sentence—Manslaughter—Plea of guilty—Spleen killing—Accused struck deceased with dry coconut—Enlarged spleen—Offence very prevalent—Personal and public deterrence—Custodial sentence warranted—Sentence of 10 years.
___________________________
N2610
PAPUA NEW GUINEA
[National Court of Justice]
CR 809 of 2004
THE STATE v. ISIDOR KAREAM
Kavieng : Sevua, J
10th & 11th May 2004
CRIMINAL LAW – Sentence – Manslaughter – Plea of guilty - Spleen killing – Accused struck deceased with dry coconut – Enlarged spleen – Offence very prevalent – Personal and public deterrence - Custodial sentence warranted – Sentence of 10 years.
L.Rangan for State
A.Turi for Accused
11th May 2004
SEVUA, J : You have pleaded guilty to the manslaughter of your wife on 28th December 2003,contrary to s. 302 of the Criminal Code.
You admitted the following facts. On 28th December 2003, at Samo Village in Lihir Island; you were with your family in your house when your wife, Kavanamur Bung, the deceased, started to look for a 20 toea coin in her bilum. She could not find it so she asked you and the children if anyone had taken the coin. No one owned up so she accused you of taking the coin. An argument ensued and you became angry and got a dry coconut and struck her on her left side of the upper abdomen. She fell down and died shortly thereafter. Death resulted from loss of blood due to the ruptured spleen.
This is the second case of manslaughter of a wife that the Court has dealt with during this circuit this month. And once again I echo what I said in the earlier case and that is, this death could have been avoided. It was a simple stupid reason that this death had come about. The quarrel over 20 toea coin is not worth the life that has been taken prematurely. What is 20t to a life? Is it worth dying for 20t?
Unfortunately, the reality of this is that you had killed your wife and you now stand before this Court to be punished for your crime. Manslaughter and especially, wife killing, is a very prevalent crime today. All killings including manslaughter involve a degree of violence and in this case the evidence is that you got a growing dry coconut and held it by the leaves then swung it on the upper left abdomen of the victim who fell down and died on the spot. Whilst the deceased had a substantially enlarged spleen as described by the doctor who carried out the post mortem, that fact alone does not exonerate your criminal culpability. There is far too much of this going on nationwide. People like you, who have no regard for the constitutional rights of a woman are killing their wives over petty things. It must dawn on Papua New Guinean men now that they cannot continue to kill their wives. And it is time that men like you appreciated that, women in Papua New Guinea are also human beings who possess the same rights and equal...
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The State v Gerald Kirafe (2005)
...State v Charles Maniwa (2004) N2674; The State v Tau Karo (2004) N2600; The State v Lucas Yovura (2003) N2366; The State v Isidor Kaream (2004) N2610; The State v Henry Mapi (1998) N1936; Joseph Nimagi v The State (2004) SC741; The State v Steven Mul Mangi (No 2) (2005) N2993; Public Prosec......
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The State v Gerald Kirafe (2005) N3660
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The State v Stanely Sabiu (2005) N3659
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The State v Aisi Eki, Fabian Longa & Darius Moihe (2005) N3387
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The State v Gerald Kirafe (2005)
...State v Charles Maniwa (2004) N2674; The State v Tau Karo (2004) N2600; The State v Lucas Yovura (2003) N2366; The State v Isidor Kaream (2004) N2610; The State v Henry Mapi (1998) N1936; Joseph Nimagi v The State (2004) SC741; The State v Steven Mul Mangi (No 2) (2005) N2993; Public Prosec......
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The State v Gerald Kirafe (2005) N3660
...State v Charles Maniwa (2004) N2674; The State v Tau Karo (2004) N2600; The State v Lucas Yovura (2003) N2366; The State v Isidor Kaream (2004) N2610; The State v Henry Mapi (1998) N1936; Joseph Nimagi v The State (2004) SC741; The State v Steven Mul Mangi (No 1) (2005) N2993A; Public Prose......
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The State v Stanely Sabiu (2005) N3659
...State v Sinzai Karawa (2004) N2631; The State v Ebes Tiun (2001) N2129; The State v Lucas Yovura (2003) N2366; The State v Isidor Kaream (2004) N2610; The State v Henry Mapi (1998) N1936; The State v Blasius Amandin Parlau (2004) N2680; The State v Nason Samban (2004) N2598; James Mora Meao......
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The State v Aisi Eki, Fabian Longa & Darius Moihe (2005) N3387
...Allan Nareti (2004) N2582; The State v Rocky Walesa Peraki (2003) N2463; The State v Lucas Yovura (2003) N2366; The State v Isidor Kaream (2004) N2610; The State v Henry Mapi (1998) N1936; The State v James Hilux Palu (2004) N2585; Public Prosecutor v Don Hale (1998) SC564; The State v Irox......