The State v Sottie Apusa [1988-89] PNGLR 170

• Jurisdiction: Papua New Guinea
• Judge: Brunton AJ
• Judgment Date: 22 May 1989
• Citation: [1988-89] PNGLR 170
• Court: National Court
• Year: 1989
• Judgement Number: N733

Full Title: The State v Sottie Apusa [1988-89] PNGLR 170

National Court: Brunton AJ

Judgment Delivered: 22 May 1989

N733

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

THE STATE

V

SOTTIE APUSA

Goroka

Brunton AJ

19 May 1989

22 May 1989

CRIMINAL LAW — Unlawful carnal knowledge of girl under 16 years — Sentencing principles — Appropriate tariffs — Criminal Code (Ch No 262), s 216 (a).

CRIMINAL LAW — Sentence — Unlawful carnal knowledge of girl under 16 years — Accused step-father of 15-year-old victim — Six offences over four months — Plea of guilty — Sentence of three years two months — Criminal Code (Ch No 262), s 216 (a).

The following guidelines may be taken as appropriate to sentencing for the offence of unlawful carnal knowledge of a girl under 16 years contrary to s 216 (a) of the Criminal Code (Ch No 262) for which the maximum prescribed penalty is five years imprisonment:

(1) a lower range from discharge up to 20 months, for cases where the accused and the victim are of similar age, where the accused is a young offender and the victim between 14 and 16 years and where the offender is disabled, or physically or mentally handicapped and the victim a consenting party;

(2) a middle range from 20 months to 40 months, for cases where the accused is a mature man and there are no circumstances of aggravation;

(3) an upper range from 40 months to the maximum of five years, for cases where there are circumstances of aggravation, such as, cases where there is a relationship of trust and dependency between the accused and the victim, for example, teacher and pupil, medical carer and patient, and step-father/uncle relationships.

Held

On a plea of guilty to six charges of unlawful carnal knowledge of a girl under 16 years contrary to s 216 (a) of the Criminal Code (Ch No 262), where the accused was the step-father of his 15-year-old victim and the offences occurred over a four-month period, sentences of three years and two months (38 months), to be served concurrently, should be imposed.

Cases Cited

John Aubuku v The State [1987] PNGLR 267.

R v Billam [1986] 1 WLR 349; [1986] 1 All ER 985.

Sangumu Wauta v The State [1978] PNGLR 326.

Sentence

An accused pleaded guilty to six counts of unlawful carnal knowledge of a girl under 16 years contrary to s 216 (a) of the Criminal Code (Ch No 262) and the following judgment was delivered on sentence.

Counsel

C Ashton-Lewis, for the State.

K Kot, for the accused.

Cur adv vult

22 May 1989

BRUNTON AJ:

THE CHARGES

The prisoner pleaded guilty to six counts of unlawful carnal knowledge, offences against s 216 (a) of the Criminal Code (Ch No 262).

THE FACTS

The victim was the thirteen-year-old step-daughter of the prisoner. The prisoner admitted that within a four-month period he had sexual intercourse with her on six occasions. Each time the intercourse happened, the prisoner was alone in the house with the victim. Although there was evidence on the depositions that threats had been made by the prisoner in order to get his way, the State Prosecutor, Mrs Ashton-Lewis, who had interviewed all State witnesses, submitted that the acts of intercourse were consensual. From this I inferred that the State view of the evidence was not such that it could properly indict for the more serious charge of rape. In his statement to the District Court, the prisoner asserted that the victim had asked him for K2, and had taken the initiative in the illicit relationship. Nowadays this is a common enough allegation in these cases, and is...