The State v August David (2008) N3612

• Jurisdiction: Papua New Guinea
• Date: 06 October 2008
• Citation: (2008) N3612
• Docket Number: CR No. 1146 OF 2008
• Court: National Court
• Year: 2008

Full Title: CR No. 1146 OF 2008; The State v August David (2008) N3612

National Court: Gavara-Nanu, J

Judgment Delivered: 6 October 2008

CRIMINAL LAW—Sentence—Plea of guilty—Criminal Code Act, (as amended,) s229 A (1); Sexual Penetration of a girl aged under 16 years—First time offender—Age gap of 1 year. A youthful offender—Accused and victim having sexual intercourse once before the incident—2 years imprisonment fully suspended after deducting period spent in custody—2 years Good Behaviour Bond and fine of K600.00

Cases cited:

Kuri Willie v The State [1987] PNGLR 298; The State v Misack Kilik (2004) N2749; The State v Sottie Apusa [1988–89] PNGLR 170

1. GAVARA-NANU J: The accused pleaded guilty to a charge that he on 1 July 2008, at Komain village in Lihir Island sexually penetrated a girl named Jenny Oscar who was under the age of 16, contrary to s229 A (1) of the Criminal Code Act.

2. This offence carries the maximum penalty of 25 years imprisonment.

3. According to the victim’s statement to the police, at about 5.30 pm, she was walking back to her house after visiting a relative in the other part of her village. She said the accused followed her and held her by the shirt she was wearing and pulled her into the nearby bushes where he sexually penetrated her. She said she wanted to shout but the accused prevented her by holding her mouth. The accused admitted having sex with the victim but said that the incident was the second time he and the victim had had sex. This is not disputed by the victim. I therefore accept that accused and the victim had had sex once before 1 July, 2008.

4. The accused was 16 years old at the time of the...