The State v John Peter Kot (2000) N2027

• Jurisdiction: Papua New Guinea
• Judge: Gavara-Nanu J
• Judgment Date: 10 November 2000
• Citation: [2000] PNGLR 92
• Court: National Court
• Year: 2000
• Judgement Number: N2027

Full Title: The State v John Peter Kot (2000) N2027

National Court: Gavara-Nanu J

Judgment Delivered: 10 November 2000

N2027

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

CR 559 of 2000

THE STATE

v.

JOHN PETER KOT

LAE: GAVARA-NANU, J

2000 : November 10

Criminal Law — Sentence — Manslaughter — Compensation as a mitigating factor — Prevalency of the offence — Need for punitive deterrent punishment — What is fair and proper punishment.

Cases Cited:

Rex Lialu v The State [1990] PNGLR 487

The State v Steven Tilukean CR 814/99 Numbered N1953

The State v Betty Kondai CR 553 of 2000

R -v- Whitmore [1988] CR App. R.288 at 290

The State v Michael Saragum (Unnumbered October, 1988)

N. Miviri for the State

J. Kaumi for the Accused

SENTENCE

GAVARA-NANU, J: The prisoner has been convicted of manslaughter after pleading guilty. The person killed in this case was his wife, one Mana Kim Bimbim. The brief facts are that on 9th November 1998, during a domestic argument, the prisoner threw a stone at the back of the deceased's head and broke the skull, which resulted in the deceased's death. From the statements of the eyewitnesses at the scene, the prisoner and his wife had been arguing and at some stage during the argument, the prisoner motioned as if to hit her with his hands and the victim covered her face with her hands. One eyewitness says, the prisoner then picked up a stone and when the deceased saw that, she tried to run away from the prisoner with her back to him, the prisoner then threw the stone with force which connected at the back of the head of the deceased, immediately cracking the skull. As the result, she fell down and blood came out from her nose and mouth, she vomited and died soon after. According to this witness the prisoner fled the scene.

The other eye witness, namely, John Kawas in describing the way the prisoner threw the stone at the deceased said in pidgin "taim meri bilong en Mana Bimbim lukim John Eriku pikim ston, em tanim fes bilong em igo olsem long gate wei na traim long ron away igo insait. John Eriku taitim bun wantaim toromoi ston long han bilong em igo long het bilong Mana Bimbim na ston pas long kolostu long right side long baksait long het bilong em na ston pundaun igo daun long giraun na meri Mana Bimbam pundaun igo daun arere long gate wei stret na tanim tanim long wesan istap. Taim ston bin pas long baksait long het bilong Mana Bimbim, em bin pairap bikpela tru olsem burukim wanpela drai kokonut long cement floor kain olsem". This in my view is the perfect description, of the type of force the prisoner used to throw the stone, and the effect of it when it connected with the back of the head of the deceased. From this description, it is very clear that the force used was considerable. In fact all the eyewitnesses, including the prisoner in his record of interview say that when the skull cracked it sounded like a dry coconut been cracked. Mr. John Kawas' evidence of where the deceased fell is supported by the photographs of the scene marked A1R.1.Photograph A'8' shows that the stone that was thrown by the prisoner at his wife's head, is a sizeable stone which is more than heavy enough to cause serious injury to a person when thrown with the force described by this witness. The stone had been identified by the prisoner as well. The prisoner in his record of interview admitted the offence but said, the deceased went and accused him of going around with other women while he was trying to fix the steering rod of a car. He said, as the result, they argued, and the deceased fought him and tore his shirt in another person's yard and even stoned him.

The prisoner also said that, the deceased hit him with the stone he used to hit the deceased with at the back of his head. He said, he then got the stone and hit her.

This story differs from what John Kawas said. I accept John Kawas' version of how the prisoner hit the deceased with the stone. The prisoner in his record of interview said that, he used his right hand to throw the stone and was very cross because the deceased was angry and was talking a lot.

I quote the relevant questions and answers in the record of interview:-

Q.39 — "What happened to Mana when you threw the stone at her?

Ans — The stone landed at the back of her head and we all heard a cracking noise as breaking a dry coconut.

Q.40 — What did Mana do then?

Ans — She fell to the ground and started to vomit from her mouth while I stood watching her with fear.

Q.41- Was there any sign of blood vomited from her mouth?

Ans — No I was very very troubled because I did not mean to kill her.

Q.42 — Which side of your hand did you use to throw the stone?

Ans — Right hand.

Q.43 — Is it true that you were very angry before you struck her with the stone?

Ans — Yes, she talked too much and made me angry.

The deceased was estimated to be 20 years old at the time of...