The State v William Muma
| Jurisdiction | Papua New Guinea |
| Judge | Injia J |
| Judgment Date | 24 August 1995 |
| Citation | [1995] PNGLR 161 |
| Court | National Court |
| Year | 1995 |
| Judgement Number | N1371 |
National Court: Injia J
Judgment Delivered: 24 August 1995
PAPUA NEW GUINEA
[NATIONAL COURT OF JUSTICE]
STATE
V
WILLIAM MUMA
Kundiawa
Injia J
22 August 1995
24 August 1995
CRIMINAL LAW — Sentence — Unlawful carnal knowledge — Victim aged 4-6 years — Substantial compensation demanded by relatives of victim and paid by the defendant and his relatives — Inappropriateness of compensation payment where victims of offences are small children — Criminal Code Ch 262, s 213; Criminal Law (Compensation) Act 1991, s 2.
Facts
The accused was alleged to have had unlawful carnal knowledge of the victim female under the age of six years, contrary to s 213 (1) of the Criminal Code that reads:
"A person who has unlawful carnal knowledge of a girl under the ge of 12 years is guilty of a misdemanour. Penalty: Subject to s 19, imprisonment for life."
The accused and the victim were from the same village and were part of an extended family. By giving 20t to the victim, the accused induced her to his house and had sexual intercourse with her.
A total compensation of K1,010 in cash and 3 pigs valued at K800, in aggregate, were paid to the victim's parents and relatives after it was sought by them. On the part of the accused, the compensation was paid on the understanding that the matter would be settled in the village and not pursued further in Court.
Held
1. In a case where small children are the victims of crime, including crimes of a sexual nature, payment of compensation to the relatives of small children should not be allowed or encouraged.
2. A compensation order for the future payment of compensation under the Criminal Law (Compensation) Act 1991 is not appropriate where the victims of the crime are small children.
3. Obiter: Where substantial compensation is demanded by the victim child's relatives and paid by the accused prior to his trial, it may nevertheless be taken into account as a mitigating factor on sentence.
4. The accused was convicted and sentenced to 5 years imprisonment less 4½ months the period spent on remand.
Counsel
R. Johnson, for the State.
G. Gendua, for the accused.
24 August 1995
INJIA J: I found the accused guilty of having unlawful carnal knowledge of one Maria Yabuko, a female infant aged between 4-6 years old, contrary to s 213 (1) of the Code. The maximum punishment for this offence is life imprisonment.
The accused gave 20t to the victim and induced her to go to his house during the...
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