The State v Elis Nema Mara (2010) N4133

• Jurisdiction: Papua New Guinea
• Date: 23 September 2010
• Citation: (2010) N4133
• Docket Number: CR NO 33 OF 2009
• Court: National Court
• Year: 2010

Full Title: CR NO 33 OF 2009; The State v Elis Nema Mara (2010) N4133

National Court: Makail, J

Judgment Delivered: 23 September 2010

CRIMINAL LAW - Plea - Sentence - Manslaughter - Domestic setting - Prisoner - Wife - Victim - De-facto partner of prisoner’s husband - Presence of strong de-facto provocation - Prevalence of offence - Custodial sentence appropriate - Personal and public deterrence - 12 years imprisonment imposed less time spent in pre-sentence custody - Criminal Code, Ch 262 - s19 & s302.

Cases cited:

The State v Josephine Las Ninjipa (2010) N4135; The State v Anita Kelly (2009) N3624; Manu Kovi v The State (2005) SC789; The State v Carol Alfred (2009) N3602; The State v Lossy Karapus (2009) N3640

SENTENCE

23rd September, 2010

1. MAKAIL, J: The prisoner is from Keltiga village in Mt Hagen Central and has pleaded guilty to killing another woman at Kuipul village in Aviamp on the night of 12th September 2008 contrary to section 302 of the Criminal Code, Ch 262. She found her husband and the deceased together and fought with the deceased. The deceased was armed with a kitchen knife and she wrestled it from her. She stabbed her on the right back and the kitchen knife penetrated the back and punctured the right lung. The deceased lost a lot of blood and died. The offence carries a prescribed maximum penalty of life imprisonment. However, the Court is given wide discretion to impose a lesser penalty by virtue of its powers under s19 of the Criminal Code, Ch 262.

2. I have considered the facts and submissions of both counsel, including the prisoner’s statement on her allocutus and I think this is a straight forward case. Earlier this morning, I delivered a decision on sentence the case of The State -v- Josephine Las Ninjipa: CR No 1314 of 2009 (Unnumbered & Unreported Judgment of 23rd September 2010). It was a killing from a domestic setting like in this case. I will repeat what I said in that case here for the...