Thomas Waim v The State

• Jurisdiction: Papua New Guinea
• Judge: Kapi DCJ, Andrew J, Sakora J
• Judgment Date: 02 May 1997
• Citation: (1997) SC519
• Court: Supreme Court
• Year: 1997
• Judgement Number: SC519

Supreme Court: Kapi DCJ, Andrew J, Sakora J

Judgment Delivered: 2 May 1997

SC519

PAPUA NEW GUINEA

[In the Supreme Court of Justice]

SCRA. 43 of 1995

THOMAS WAIM

-V-

THE STATE

Lae: Kapi DCJ, Andrew & Sakora JJ

1996: 8 Ocotber

1997: 2 May

Mr D Koegett for the Applicant

Mr R Auka for the Respondent

2 May, 1997

BY THE COURT: This is an appeal against sentence. The appellant pleaded guilty before Sevua, J to four counts of rape. His Honour convicted the appellant on all four counts and sentenced him to 8, 15, 25 and 8 years imprisonment respectively. The learned trial judge then ordered that the sentences for the first, second and fourth counts be served concurrently with the 25 years sentence for the third, less the remand period of 4 months and one week. It was recommended by the judge that the appellant should not be released on parole.

The agreed facts reveal the following circumstances surrounding the commission of the offence. On the afternoon of 18 March 1995 at about 6 o'clock the victim and her boyfriend were walking towards the University of Technology campus. They were on their way from East Taraka. As they approached the campus gates the appellant went across the road to them and asked the victim why she was going to the University with her boyfriend. The victim explained why, but the appellant pulled her away from her boyfriend, back towards East Taraka.

As this was going on at the hands of the appellant, five other young men approached and threatened the boyfriend, chasing him into the University campus. They then followed the appellant and the victim. At a location where there was a cargo container, the appellant dragged the victim into the container, threatened her and had sexual intercourse with her without her consent. The threat was in the following words: "Do you want to see tomorrow or do you want to finish (sic)? If you want to see tomorrow then do whatever I tell you to do." After he had finished he signalled to a friend of his who came in and also had sexual intercourse with the victim.

The gang, now made up of the appellant and his friend and five other acquaintances then proceeded to the beach across from the Sir Ignatius Kilage Stadium with the victim in a motor vehicle arranged by the appellant. There the seven of them took turns in raping the victim. She was also forced to engage in oral sex and was further subjected to sexual perversions and indignities. The gang with the victim then headed back towards East Taraka, going past which they stopped the vehicle at the Waterboard Station. The victim was then raped in turn by the appellant and his six accomplices. This forced sex was indulged in vaginally, orally and anally. Then proceeding further into the bush, the victim was once again subjected to forced sexual intercourse by the appellant and the other members. The appellant then left the scene, and left the victim, at this fourth incident.

The appeal is against the severity of the sentence, contending that whilst the sentence of 8 years imprisonment for each of the first and fourth counts respectively is within the range of sentences for this offence in this jurisdiction, the sentences of 15 years and 25 years for the second and third counts respectively were severe...