The State v Julius Ombi (No 2) (2004) N2552

• Jurisdiction: Papua New Guinea
• Citation: (2004) N2552
• Date: 30 April 2004
• Court: National Court
• Year: 2004

Full Title: The State v Julius Ombi (No 2) (2004) N2552

National Court: Kandakasi J

Judgment Delivered: 30 April 2004

1 CRIMINAL LAW—Sentence—Abduction and attempted rape of a relative—Breach of trust—Conviction after trial—First young offender—No physical injuries—No compensation or tangible demonstration of remorse—9 years concurrent sentence imposed—Criminal Code s19, s348 and s350.

2 The State v Lucas Yovura (2003) N2366, Joseph Nimagi v The State (2004) SC741, The State v Thomas Waim [1995] PNGLR 187, Bokun Umba v The State (1976) SC92, The State v Michael Amuna Koupa [1987] PNGLR 208, The State v Kevin Anis [2003] PNGLR 344, The State v Wesley Nobudi (2002) N2510, Paulus Mandatititip v The State [1978] PNGLR 128, The State v Otom Masa (2000) N2021, The State v Albert Monja [1987] PNGLR 447, The State v Tobby Tani (1994) N2063, The State v Otto Paulus (2002) N2241, The State v Joseph Minjihau (2002) N2243, The State v Kevin Mariano [2000] PNGLR 240 referred to

Decision on Sentence

___________________________

Kandakasi J: The Court found you guilty on one charge of abduction and another of attempted rape respectively under s350 and s348 of the Criminal Code ("the Code").

The relevant facts are set out in full, in the judgment on verdict (The State v Julius Ombi (No 1) (2004) N2564) delivered on the 27 April 2004. For the purposes of sentencing however, I note the following facts:

· The victim was your blood cousin and was younger than you;

· You abducted her from a creek as she was trying to fetch water;

· After abduction and taking her into a bush, you tried to rape her through the anus;

· The victim did not suffer any physical injuries;

In addition to these facts, I note that, you denied the charges. This forced the victim to come into Court and testify against you. In that way, you forced her to recall and relive the ordeal and bad memories before her assailants and other strangers.

I also note and take into account that, you are about 17 years old and come from the Togaho village, here in the Oro Province. You completed your grade ten (10) and have progress to doing university through extension studies here. You are worried that this might be affected if sent to prison. This is however, a direct consequence of your own actions. If you did not commit the offence, this could not have become a problem. The law is clear, a latest statement of which is in The State v Lucas Yovura (2003) N2366 in these terms:

"Indeed I note what the Supreme Court said in Allan Peter Utieng v The State (2000) SCR15 of 2000 (Unreported and unnumbered judgment of the Supreme Court delivered in Wewak on 23 November 2000) is relevant. In that case, the Court observed that an offender should consider his...