The State v Nivi Araba (1999) N1849
| Jurisdiction | Papua New Guinea |
| Judge | Sakora J |
| Judgment Date | 22 April 1999 |
| Citation | [1999] PNGLR 131 |
| Court | National Court |
| Year | 1999 |
| Judgement Number | N1849 |
National Court: Sakora J
Judgment Delivered: 22 April 1999
N1849
PAPUA NEW GUINEA
[In the National Court of Justice]
CR. 113 OF 1999
THE STATE
-v-
NIVI ARABA
Lae: Sakora, J
1999: 13 March & 22 April
Mr M Peter for the State
Mr C Inkisopo for the Defence
SENTENCE
22 April 1999
SAKORA J: You have pleaded guilty to the charge that on 24 July 1998 at Situm in the Morobe province, you had unlawful carnal knowledge of Jobeb Labo, a girl under the age of 12 years. Upon my independently satisfying myself that you indeed committed the offence as charged and as admitted in Court by yourself, I then convicted you and reserved sentencing till today.
The agreed facts upon which you pleaded demonstrate the following circumstances. On the day in question, between the hours of 10:00 and 11 am; the girl victim went to the creek near her village of Amua, in the Situm area, to have her wash. She came across you having your bath at the creek. She was by herself. Upon seeing her you approached her and carried her into the nearby bushes, lay her down on the ground, removed her clothes and proceeded to have sexual intercourse with her.
It was the State's case that you knew then that she was a little girl and under the age of 12 years. This child victim was no stranger to you, both of you being from the same village and you knowing each other. And this familiarity, no doubt, would have been the reason for her not feeling alarmed in any way when you first approached her.
Whilst you were assaulting her sexually, other women from the village arrived on the scene, the area being popular for bathing by the villagers. As a consequence you left the girl and ran away.
To assist me in this very serious and important task of determining an appropriate sentence for your offence, I have had the benefit of hearing both yourself and your lawyer as well as the lawyer for the State.
For your own part, you apologised and expressed remorse for what you did. You indicated that back at the village you have been affected by this offence. As a direct result of your shame for what you did to this little girl, you left home, and have been living with your two grown-up daughters here in Lae
since. Your wife left you, but not because of this incident; she left before the incident for another man.
From what you put before the Court yourself, it would appear that your age would be somewhere between the late 50s and early 60s. In this respect you noted with...
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State v Binga Thomas (2005) N2828
...Mokei (No 1) (2004) N2606, The State v Lohori Mau [2003] PNGLR 213, The State v Moki Lepi (No 2) (2002) N2278, The State v Nivi Araba [1999] PNGLR 131, The State v Kenneth Peter (2002) N2336, The State v Miseal Butemo [1984] PNGLR 62, John Aubuka v State [1987] PNGLR 267, The State v Eddie ......
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The State v Peter Lare (2004) N2557
...Ombi (No 2) (2004) N2552, The State v Garry Sasoropa (No 2) (2004) N2569, The State v Dii Gideon (2002) N2335, The State v Nivi Araba [1999] PNGLR 131 referred toDecision on Sentence ___________________________ Kandakasi J: You pleaded guilty to one charge of sexual penetration of a girl (n......
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The State v Kemai Lumou (2004) N2684
...imposed—s229A of Criminal Code.2 The State v Peter Lare (2004) N2557, The State v Peter Yawoma (2001) N2032, The State v Nivi Araba [1999] PNGLR 131, The State v Damien Mangawi (2003) N2419, The State v Dii Gideon (2002) N2335, Secretary for Law v Kwauga [1974] PNGLR 135, The State v Bernar......
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State v Thomas Angup (2005) N2830
...of the victim and the age of an older defendant it is usually regarded as being a factor against the defendant (The State v Nivi Araba [1999] PNGLR 131 (Sakora J); The State v Moki Lepi (No 2) (2002) N2278 (Kandakasi J); The State v Lohori Mau [2003] PNGLR 213 (Davani J)) because of the inf......
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State v Binga Thomas (2005) N2828
...Mokei (No 1) (2004) N2606, The State v Lohori Mau [2003] PNGLR 213, The State v Moki Lepi (No 2) (2002) N2278, The State v Nivi Araba [1999] PNGLR 131, The State v Kenneth Peter (2002) N2336, The State v Miseal Butemo [1984] PNGLR 62, John Aubuka v State [1987] PNGLR 267, The State v Eddie ......
-
The State v Peter Lare (2004) N2557
...Ombi (No 2) (2004) N2552, The State v Garry Sasoropa (No 2) (2004) N2569, The State v Dii Gideon (2002) N2335, The State v Nivi Araba [1999] PNGLR 131 referred toDecision on Sentence ___________________________ Kandakasi J: You pleaded guilty to one charge of sexual penetration of a girl (n......
-
The State v Kemai Lumou (2004) N2684
...imposed—s229A of Criminal Code.2 The State v Peter Lare (2004) N2557, The State v Peter Yawoma (2001) N2032, The State v Nivi Araba [1999] PNGLR 131, The State v Damien Mangawi (2003) N2419, The State v Dii Gideon (2002) N2335, Secretary for Law v Kwauga [1974] PNGLR 135, The State v Bernar......
-
State v Thomas Angup (2005) N2830
...of the victim and the age of an older defendant it is usually regarded as being a factor against the defendant (The State v Nivi Araba [1999] PNGLR 131 (Sakora J); The State v Moki Lepi (No 2) (2002) N2278 (Kandakasi J); The State v Lohori Mau [2003] PNGLR 213 (Davani J)) because of the inf......