The State v Michael Rende (2013) N5220

• Jurisdiction: Papua New Guinea
• Date: 14 May 2013
• Citation: (2013) N5220
• Docket Number: CR NO.845 of 2012
• Court: National Court
• Year: 2013

Full Title: CR NO.845 of 2012; The State v Michael Rende (2013) N5220

National Court: David J

Judgment Delivered: 14 May 2013

CRIMINAL LAW—sentence—murder—use of bush knife to commit offence—multiple wounds inflicted on deceased’s body - case falling within category 3 of Manu Kovi sentencing guidelines—factors in mitigation outweigh those in aggravation—prisoner is aged 65 years—he is of advanced age—advanced age is a special mitigating factor - sentence of 24 years warranted, but 12 years imposed instead—custodial sentence—Criminal Code, s300 (1)(a).

Cases cited

Goli Golu v The State [1979] PNGLR 653

Avia Aihi v The State (No 3) [1982] PNGLR 92

The Public Prosecutor v Vangu’u Ame (1983) 424

The State v Laura (No 2) (1988-89) PNGLR 98

Lawrence Simbe v The State [1994] PNGLR 38

Ivoro Kaumin Lupu v The State, SCRA No.2 of 1997, Unreported & Unnumbered Judgment dated 13 June 1997

The State v Kore Ase (2001) N2220

Max Java v The State (2002) SC701

The State v Sumbiako Wapuko (2003) N2444

Joseph Enn v The State (2004) SC738

Sakarowa Koe v The State (2004) SC739

Kepa Wanege v The State (2004) SC742

Manu Kovi v The State (2005) SC789

John Baipu v The State (2005) SC796

The State v Maraka Jackson (2006) N3237

The State v Peter Wirundi (2010) N3994

SENTENCE

1. David J: This is the sentence of the Court of the prisoner, Michael Rende who was convicted on a plea of guilty to one count of the murder of Sape Michael on Sunday, 5th August 2012 at Tomba village, Tambul in the Western Highlands Province contrary to Section 300 (1)(a) of the Criminal Code. The prisoner appears before me for sentence from custody.

2. The short facts presented to the Court on which the prisoner was arraigned were that on Sunday, 5th August 2012 at about 08:00 o’clock in the morning, the prisoner was at his dwelling house at Tomba village, Tambul District in the Western Highlands Province with his wife, the deceased. His daughter and his mother in law had left the house to go to church and he was alone in the house with the deceased. An argument arose and as a result, the prisoner got a bush knife and chopped the deceased many times on her body including her face, left and right wrists and her neck. The deceased died as a direct consequence of the injuries she sustained from the attack. At the time when the prisoner chopped the deceased many times on her body, he intended to cause grievous bodily harm.

3. The prisoner made application for a pre-sentence report to be compiled and filed by the Probation Service, Mt. Hagen Branch which was granted. Submissions on sentence were deferred pending the compilation and filing of the report. The report has been filed.

4. The maximum penalty prescribed for this offence is, subject to Section 19 of the Code, imprisonment for life.

5. Applying the principle of proportionality, i.e., a man must be given the sentence appropriate to his crime (as to both harm done and culpability) and no more, the maximum penalty is usually reserved for the worst sort of cases of murder: see Goli Golu v The State [1979] PNGLR 653 and Avia Aihi v The State (No 3) [1982] PNGLR 92.

6. It is also settled law that each case must be decided on its own facts: see Lawrence Simbe v The State [1994] PNGLR 38.

7. The medical report comprising the affidavit of Dr. Michael Dokup of the Mt. Hagen General Hospital sworn on 11th October 2012, the Post Mortem Report dated 15th August 2012 and the Medical Certificate of Death issued on 13th August 2012 confirms that the deceased a Melanesian who was estimated to be aged about 43 years at the time of death on Sunday, 5th August 2012 was brought to the Mt. Hagen General Hospital after her death and her body was the subject of a post mortem examination conducted by Dr. Dokup at the hospital morgue on the 13th August 2012 at about 12:00 noon. The post mortem on the deceased revealed that she sustained multiple bush knife wounds to her face, both her wrists and posterior neck and she died instantly from severed cervical spine at C5-6 level. The injuries the deceased suffered were:

(a) as to the face, a 6 x 4 cm left cheek laceration.

(b) as to the left wrist, a 7 x 4 cm laceration exposing bone and tendons.

(c) as to the right wrist, a 6 x 2 cm deep laceration exposing bone.

(d) as to the neck, a posterior wound 14 x 4 x 8 cm deep exposing severed cervical vertebrae and muscle and vessels.

8. The prisoner has no prior convictions.

9. On his allocutus, the prisoner said sorry to the deceased’s family and...