The State v Nick Teptep and Kindis Mis (2004) N2612

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: (2004) N2612
• Date: 13 May 2004
• Year: 2004

Full Title: The State v Nick Teptep and Kindis Mis (2004) N2612

National Court: Sevua J

Judgment Delivered: 13 May 2004

1 CRIMINAL LAW—Sentence—Rape—Pack rape—Guidelines—Circumstances of aggravation—Suggested guidelines no longer applicable—Sentence 14 years

2 John Aubuku v The State [1987] PNGLR 267, The State v Peter Kaudik [1987] PNGLR 201, The State v Michael Amuna Koupa [1987] PNGLR 208, The State v Thomas Waim [1995] PNGLR 187, The State v Lawrie Patrick [1995] PNGLR 195, R v Roberts [1982] 1 WLR 133; [1982] 1 All ER 609, R v Billam [1986] 1 WLR 349; [1986] 1 All ER 985 referred to

___________________________

Sevua J: On 11 May 2004, the accused, Nick Teptep pleaded guilty to a charge of rape contrary to s349(2) of the Criminal Code (Sexual Offences and Crimes Against Children ) Act 2002, and I convicted him of rape. I reserved judgment on sentence to this morning.

The State alleges that on the evening of 15 June 2003, at Lihir Island, New Ireland Province, the accused Kindis Mis and the prosecutrix, Julie Komgoi were crossing the golf field when they met the accused Nick Teptep. The accused, Teptep then forced Julie Komgoi onto the ground. The accused Kindis Mis came and held down the victim's legs to enable Teptep to have sexual intercourse with the victim. Kindis held the victim's legs down whilst Teptep had sexual intercourse with the victim without her consent. It is also alleged that Teptep was in the company of Kindis Mis.

The state further alleges that Kindis Mis did not have sexual intercourse with the victim, however, by holding the victim's legs down while Teptep had sexual intercourse with her, he (Kindis Mis) was assisting Teptep, therefore is caught by the operation of s7 of the Criminal Code. It is further alleged that Kindis Mis was in a position of trust over Julie Komgoi and she trusted that he would take care of her that time. It is alleged that Kindis Mis was in the company of Nick Teptep that time.

On arraignment, the accused Nick Teptep pleaded guilty as I have alluded to and was dealt with accordingly. The accused, Kindis Mis pleaded not guilty and was remanded in custody to appear at his trial before the next sittings the National Court in Kavieng. This course was taken because I had already read the depositions on the basis that both counsels had indicated that the matter would be a plea. In fairness to the co–accused, Kindis Mis, and to avoid any allegation of bias and unfairness to him, it was proper that his trial be adjourned before another Judge and so I so ordered.

This judgment on sentence is therefore only in respect of the prisoner, Nick Teptep.

As I alluded to earlier on, the accused pleaded guilty and offered to remain silent in allocutus and allowed his counsel, Ms Turi to speak on his behalf. Counsel commenced her submissions with the personal antecedent of the accused. He is 19 years of age and resided with his parents at Kanaiye village in Lihir...