The State v Ojawe Tunmai

• Jurisdiction: Papua New Guinea
• Judge: Sawong J
• Judgment Date: 20 April 2000
• Citation: (2000) N1988
• Court: National Court
• Year: 2000
• Judgement Number: N1988

National Court: Sawong J

Judgment Delivered: 20 April 2000

N1988

PAPUA NEW GUINEA

[In the National Court of Justice in Madang]

CR 1022 OF 1995

THE STATE

-V-

OJAWE TUNMAI

MADANG : SAWONG

2000 : 15TH FEBRUARY, 20TH APRIL

MR. WALA, for the State

MR. MAWESI, for the Accused.

20th April, 2000

S E N T E N C E

SAWONG J. On 15 February 2000, you were convicted for the crime of rape, an offence contrary to S. 347 Code. After submissions on sentence, I adjourned sentencing you as I was informed that your two co-accused had pleaded guilty and had been sentenced but neither the prosecutor nor your counsel was able to tell me the length of this sentence. I therefore adjourn sentencing you till that information was provided to the Court.

I have now been informed by Mr Wala, Senior State Prosecutor, that your two co-accused Paul and Mali, pleaded guilty to the crime and were convicted and sentenced to 4 years IHL.

Much of the facts of your case are set out in my decision on the verdict. I therefore do not propose to set these out in detail. But for the purpose of sentencing you, the relevant facts are as follows.

You and your two accomplices accosted the girl in a banana garden as she was returning from the store. The three of you then assaulted her and had sexual intercourse with her by force and without her consent.

You are a 27 year old single man. You are second born in a family of 3 children. Both of your parents are alive. You were educated up to grade 6.

The crime of rape is serious, prevalent and violent crime. The penalty under S. 347 is life imprisonment, subject of course to S. 19 Code, where the Court in its discretion may impose some other form of sentence.

The proper approach to sentencing in a rape case is as set out in John Aubuku v The State. It is not necessary to state these here.

Since then both the...