The State v Maria Er

• Jurisdiction: Papua New Guinea
• Judge: Injia J
• Judgment Date: 31 July 1998
• Citation: (1998) N1749
• Court: National Court
• Year: 1998
• Judgement Number: N1749

National Court: Injia J

Judgment Delivered: 31 July 1998

N1749

PAPUA NEW GUINEA

[In the National Court of Justice]

CR 744 OF 1998

THE STATE

-V-

MARIA ER

Mt. Hagen: Injia, J.

1998: July 8th, 31st

Criminal Law - Murder - Sentence - Killing in a domestic setting - Range of sentences for murder and manslaughter killings in a domestic context discussed.

Cases cited in the judgement:

State -v- Laura (No.2) (1988-89) PNGLR 98,

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

The State -v- Lucy Moro & Dabre Bamire (1995),

State -v- Margret John N1342,

CRA No. 64 of 1994 Antap Yala -v- The State Unreported Supreme Court judgment (1996).

State -v- Bepi Molo Komaip N1557 (1997),

State -v- Jack Mek N1575 (1997),

State -v- Bepi Molo Komaip N1557 (1997),

P. Kumo for the State.

B. Aipe for the Accused.

13th July 1998

Injia J: The accused pleaded guilty to murdering Miss Rosa Kopun on 19/04/98 at Kiam Village, Aviamp, Contrary to s.300(1)(a) of the Criminal Code. The offence carries a maximum of life imprisonment.

The accused is the only lawful wife of her husband from whom she has carried 4 children, the youngest of whom is with her at the CIS. She killed the deceased by stabbing her once on the right side of her neck from which injury she died the same day some hours later. At the time she stabbed the deceased, the accused wanted to giver her “some pain” because the deceased was seeing the accused’s husband. The deceased saw her husband and the deceased together on Thursday. After this, she was beaten up by her husband. On Sunday, she met the deceased at a village basketball game and asked her to be compensated by the deceased for the harm done to her by her husband. The deceased refused and spat on the accused. This made the accused angry and she stabbed the deceased.

My reading of the court depositions, in particular the Record of Interview, shows that the attack leading to the killing was pre-mediated. She armed herself with a kitchen knife and set out from her home to find the deceased and attack her. And I take the accuseds statement that she wanted to give her some pain as meaning as expression of clear intention to do grievous bodily harm.

In the accused’s favour, I take into account that she had a stable family, that she was of prior good character, that she was subjected to much emotional stress and pressure in her married life by the conduct of her husband and the deceased, that the deceased re-acted to the accused’s demands in a provocative manner; that she has not been in trouble with the law before, that she co-operated with the police in readily admitting the offence and has now pleaded guilty before me. Also she and her relatives have paid substantial compensation of K16,000 plus 16 pigs valued at K6,000 and one cow.

In past cases which have come before me, this kind of killing in a domestic...