The State v Eddie Peter (No 2) (2001) N2297

• Jurisdiction: Papua New Guinea
• Citation: (2001) N2297
• Date: 12 October 2001
• Court: National Court
• Year: 2001

Full Title: The State v Eddie Peter (No 2) (2001) N2297

National Court: Kandakasi J

Judgment Delivered: 12 October 2001

1 CRIMINAL LAW—PRACTICE AND PROCEDURE—Past sentences not deterring sexual offences—Sexual offences on the increase—Need for stiffer penalties—Sentencing discretion under s19 of the Criminal Code—No expressed statutory prohibition against "quantum leaps" or "disparity of sentences between co–accused—Calls for review of sentences repeatedly made with a view to increasing sentence but no substantial increase made—A sentencing judge should be at liberty to impose sentences he or she considers appropriate in the particular circumstances of a case even if it is a quantum leap—Criminal Code s19

2 CRIMINAL LAW—Sentence—Rape on one on one with threat and use of force—Victim young primary school girl on way to school—Offender married to victim's aunt—Victim regards offender as a uncle—Relationship closure than a de facto one—17 years sentence imposed Criminal Code s347

3 James Mora Meaoa v The State [1996] PNGLR 280, John Aubuku v The State [1987] PNGLR 267, Thomas Waim v The State (1997) SC519, Lawrence Hindemba v The State (1998) SC593 referred to

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Kandakasi J: On Wednesday I found you guilty on one count of rape contrary to s347 of Criminal Code after a trial. The Court then heard you and your lawyer as well as the lawyer for the State on the kind of sentence the Court should give you. In your own words, in your allocutus you asked for "power of mercy." But you did not express any regret or sympathy to the victim and show a preparedness to change and become a better law abiding citizen.

You told the Court and I note you have two children both under the age of six. You are a first time offender and have no prior conviction. At the time of the offence, you were about 34 years old and married with two children. Both your parents have long deceased and you have been living with your adopted parents at Naura not far from here and where the offence was committed. You have up to grade 6 six formal education and have managed to find employment as a carpenter first and later as a harvester with Milne Bay Estates. Following your arrest, you have been in custody for 3 years one month and 15 days to today.

At the same time I note that, the victim of your crime was only a primary or community school child at the time of the offence. She was on her way to her school on that fateful morning when you raped her. No doubt...