The State v Peter Huli Hahe Haite (2003) N2383

• Jurisdiction: Papua New Guinea
• Citation: (2003) N2383
• Date: 22 May 2003
• Court: National Court
• Year: 2003

Full Title: The State v Peter Huli Hahe Haite (2003) N2383

National Court: Jalina J

Judgment Delivered: 2 or 22 May 2003

1 Criminal Law—Particular Offences—Rape—of 11 year old girl—Sentence—Aggravating factors—Young age of victim—Plea of guilty—Prisoner already serving sentence for two separate rapes of young girls—Prevalence of rape of girls of young age—Need for deterrence—Sentence of 20 years appropriate—Criminal Code s347.

2 Criminal Law—Practice and Procedure—Sentence—Prisoner serving sentences for two separate rapes of girls of young age—Offences committed prior to his conviction and sentence—Whether convictions are prior convictions.

3 Criminal Law—Practice and Procedure—Sentence—Prisoner serving sentences for two separate rapes of girls of young age—Whether sentence should be concurrent or cumulative.

4 The State v Peter Kaudik [1987] PNGLR 201, The State v Kenneth Penias [1994] PNGLR 48, James Mora Meaoa v The State [1996] PNGLR 280, Lawrence Hindemba v The State (1998) SC593, The State v Kunija Osake (2003) N2380 and Paul Mase and Kopa Lore John v The State [1991] PNGLR 88 referred to

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Jalina J: This prisoner has pleaded guilty to committing rape upon the victim at the back of the gardens at Asariyufa Village at the outskirts of Goroka town on 19 June 2000. She was then aged about eleven (11) years and was a student at Faniyufa Community School at West Goroka.

Facts put to the Court by the State State Prosecutor for purposes of arraignment show that the prisoner approached the victim who was then aged 11 years and her girlfriend who was also aged about 11 years at Peace Park in Goroka Town as they were returning home after school at Faniyufa Community School where they were students. He falsely represented to them that he was their uncle who knew them but that they did not know him. He told the victim that he had some clothes and money for her which he had left with his wife and that he would take the victim and her friend to his wife so that they can pick up the clothes and money. So they followed him believing what he had told them to be true. When they reached Goroka Market the prisoner told the victim's friend to leave. He then led the victim to the back of Goroka Market then into Asariyufa Village and into the back of some gardens near the village. Hen then threatened the victim with a screwdriver and had...