The State v Thomas Madi (2004) N2625
| Jurisdiction | Papua New Guinea |
| Citation | (2004) N2625 |
| Date | 23 June 2004 |
| Court | National Court |
| Year | 2004 |
Full Title: The State v Thomas Madi (2004) N2625
National Court: Sevua J
Judgment Delivered: 23 June 2004
1 CRIMINAL LAW—Sentence—Rape—Sentencing principles—Immediate punitive custodial sentence—Aggravating circumstances—Plea for good behaviour bond or probation inappropriate—Custodial sentence appropriate—Sentence of 12 years.
2 The State v Peter Kaudik [1987] PNGLR 201, R v Billam [1986] 1 WLR 349, John Aubuku v The State [1987] PNGLR 267, The State v Rex Lialu [1988–89] PNGLR 449 referred to
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Sevua J: The prisoner was convicted of rape on 17 June 2004 following a trial, and sentence was reserved to today. It is now the task of the Court to impose on him the penalty he deserves.
The circumstances in which the rape was committed are these. On the afternoon of 2 May 2001, the prisoner picked the victim and another female student at Hoskins Secondary School as he was driving towards Kavutu village at Hoskins. After dropping passengers off at Kavutu, he turned around and drove towards Kimbe. At Buluma, the prisoner dropped off the other school girl and then drove on with the victim. They were supposed to have driven to Bolavolo village where the victim comes from, and she would get off there. Instead of driving to Bolavolo village, the prisoner turned into Bialla Highway and told the victim they would go to Bolavolo via Buvussi as he had to tell her parents that he had to drop other students off as well.
On the main Buvussi Highway, the prisoner stopped at Kavui, Section 10 and told the victim they would kiss, however she refused and the prisoner drove on until they stopped again and the prisoner told the victim he wanted to touch her vagina. The prisoner then pushed his hands into the victim's clothes and into her vagina. After that he came out of the vehicle and walked to the side where the victim was seated, removed her clothes then had sexual intercourse with her without...
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The State v Alex Matasol Hagali (2006) N4491
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