The State v Nerius Patrick (2004) N2611

• Jurisdiction: Papua New Guinea
• Citation: (2004) N2611
• Date: 13 May 2004
• Court: National Court
• Year: 2004

Full Title: The State v Nerius Patrick (2004) N2611

National Court: Sevua J

Judgment Delivered: 13 May 2004

1 CRIMINAL LAW—Sexual Assault—Touching of breast—Sexual part—Whether victim invited accused to her house—Whether victim's invitation to accused was invitation to have sexual intercourse. Verdict—Guilty.

2 The State v Paul Kundi Rape [1976] PNGLR 96, Charles Didei v The State [1990] PNGLR 458 referred to

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Sevua J: The accused pleaded not guilty to the indictment charging him with one count of sexual assault contrary to s349(1) of the Criminal Code (Sexual Offences and Crimes Against Children) Act 2002.

The State alleges that on 14 January 2004 at Mission Compound, Kavieng Town, the accused went to the residence of Ketis family where the victim, Patrolina Ketis was, and entered the shower room and touched the victim's breast without her consent. The State says this amounts the sexual assault.

In denying the charge, the accused said it was true he went to the victim's house however, he went there because the victim had agreed to. The Court noted that the accused did not actually denied that he touched the victim's breast. Could this amount to an admission of guilt?

The prosecution's case is based on the evidence of the victim who gave sworn testimony and her sister, Michelle Haroi who also testified on oath. By consent of the defence, the State tendered into evidence as part of its case, the statements of the Investigating Officer, Corroborator and the Pidgin and English version of the Record of Interview.

The evidence of the victim is that on 22 January 2004, the accused came to their house at Mission Compound around lunch hour to look for her uncle Joe, however Joe was not there so she told the accused Joe was not there. The accused then asked for water and the victim gave him some water. The accused then asked about the victim's family and she said they were asleep so he should leave. The victim returned to her room and read a book. Later on, she went to the shower room to have a shower and the accused followed her into the shower room. He closed the door and held the victim's breast and attempted to kiss her, but she struggled and the accused let her go and walked out. He met the victim's...