The State v Togon David (2000) N2026
| Jurisdiction | Papua New Guinea |
| Judge | Gavara–Nanu J |
| Judgment Date | 10 November 2000 |
| Citation | (2000) N2026 |
| Court | National Court |
| Year | 2000 |
| Judgement Number | N2026 |
Full Title: The State v Togon David (2000) N2026
National Court: Gavara-Nanu J
Judgment Delivered: 10 November 2000
N2026
PAPUA NEW GUINEA
[NATIONAL COURT OF JUSTICE]
CR 227 of 2000
THE STATE
v.
TOGON DAVID
LAE: GAVARA-NANU, J
2000 : November 10
Criminal Law — Sentence — Pack rape — Weight to be given to plea of guilty where accused is caught in the act — Aggravating and mitigating factors
Cases Cited:
John Aubuku v The State [1987] PNGLR 267
Counsel:
N. Miviri for the State.
J. Kaumi for the Accused.
SENTENCE
GAVARA-NANU, J: This was a pack rape of the victim aged 17 years by this prisoner and another man on 16th October 1999, in Lae. There would have been a third man had the police not arrived quickly on the scene. The prisoner and his co-offender were drunk when they raped the victim. Evidence show that the victim was forced by the other offender who was with the prisoner at gunpoint into the nearby bushes, where she was raped by them. The victim was threatened during the rape with a knife by the prisoner when she tried to call for help. According to the victim, the prisoner told her that he would kill her, she therefore stopped calling for help. She was crying during the whole ordeal. This prisoner even chased a man...
To continue reading
Request your trial
-
The State v Komai Balal (No 2) (2005) N2821
...tied up and left in bush—fifteen years appropriate sentence.2 John Aubuku v The State [1987] PNGLR 267, The State v Togon David (2000) N2026, The State v Kenneth Penias [1994] PNGLR 48, The State v Thomas Madi (2004) N2625, The State v Damien Mangawi (2003) N2419 The State v Flotyme Sina (N......
-
The State v Seyo Aroko (2005) N2822
...old baby—Some violence—Victim wounded—Eight years sentence appropriate.2 John Aubuku v The State [1987] PNGLR 267, The State v Togon David (2000) N2026, The State v Kenneth Penias [1994] PNGLR 48, The State v Thomas Madi (2004) N2625.___________________________ Manuhu AJ: The Prisoner, Seyo......
-
The State v Komai Balal (No 2) (2005) N2821
...tied up and left in bush—fifteen years appropriate sentence.2 John Aubuku v The State [1987] PNGLR 267, The State v Togon David (2000) N2026, The State v Kenneth Penias [1994] PNGLR 48, The State v Thomas Madi (2004) N2625, The State v Damien Mangawi (2003) N2419 The State v Flotyme Sina (N......
-
The State v Seyo Aroko (2005) N2822
...old baby—Some violence—Victim wounded—Eight years sentence appropriate.2 John Aubuku v The State [1987] PNGLR 267, The State v Togon David (2000) N2026, The State v Kenneth Penias [1994] PNGLR 48, The State v Thomas Madi (2004) N2625.___________________________ Manuhu AJ: The Prisoner, Seyo......