The State v Thomas Waim

• Jurisdiction: Papua New Guinea
• Citation: [1995] PNGLR 187
• Date: 10 August 1995
• Court: National Court
• Year: 1995

National Court: Sevua J

Judgment Delivered: 10 August 1995

1 Criminal law—sentence—rape—pack rape—starting point 8 years—aggravating factors—exposed victim to rapes by 30 persons in 3 groups—sexual perversions and indignities—mitigating factors—sentence of 25 years

2 John Aubuku v The State [1987] PNGLR 267, Paul Mase and Kopa Lore John v The State [1991] PNGLR 88, The State v Peter Kaudik [1987] PNGLR 201, The State v Michael Amuna Koupa [1987] PNGLR 208 and Bokun Umba v The State (1976) SC92 referred to

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Sevua J: The prisoner has pleaded guilty to four counts of rape.

The facts which the prisoner pleaded to upon arraignment and which the Court accepted were these. At about 6:30 p.m., on 18 March, 1995 the victim, AP, with her boyfriend walked from East Taraka towards the University of Technology. As they were approaching the main gate, the prisoner came to them and asked the victim why she was accompanying her boyfriend to the University campus. She explained, however, the prisoner pulled her away from her boyfriend and at the same time, five other youths came and threatened the victim's boyfriend and chased him to the University. They later followed the prisoner who had dragged the victim towards East Taraka. The prisoner and the victim arrived at a location where a container was and he dragged her into the container, where he threatened her, forced her down then had sexual intercourse with her whilst a friend of his waited outside. After the prisoner had had sexual intercourse with the victim, he signalled to his friend who came in and also had sexual intercourse with the victim.

Following this, the prisoner arranged a vehicle where the victim was picked up and together with six others, they drove from East Taraka to the beach adjacent to the Sir Ignatius Kilage Stadium. At the beach, the prisoner had sexual intercourse with the victim followed by the others. The victim was forced to suck the penis of all these men. After this, they left the beach and drove towards East Taraka. On the way, the driver made her suck his penis then, at the speedway, one of the prisoner's friends got into the cabin where the victim was and made her sit on his penis.

The vehicle proceeded to East Taraka via the Waterboard Station. There, the prisoner took the victim out from the vehicle and had sexual intercourse with her again the third time. All the prisoner's friends also had their turns. They left this area and went further into the bush where the prisoner had sexual intercourse with the victim again the fourth time followed by his friends. The victim was again subjected to sexual indignities. Whilst at that location a group of about seven people arrived and each in turn had sexual intercourse with the victim. She was taken to another location where another group of about seven or eight people took turns in having sexual intercourse with her.

Finally, the victim was taken to Bumbu River where another five or six people took...