The State v Damien Mangawi (2003) N2419

• Jurisdiction: Papua New Guinea
• Citation: (2003) N2419
• Date: 13 June 2003
• Court: National Court
• Year: 2003

Full Title: The State v Damien Mangawi (2003) N2419

National Court: Kandakasi J

Judgment Delivered: 13 June 2003

1 CRIMINAL LAW—Sentence—Unlawful carnal knowledge of girl under 12 years—Guilty plea—Offender with no prior convictions—Substantial age difference between prisoner and victim—Offences committed in breach of trust situation—No expression of remorse—Need and call for stiffer penalties against persons offending against children considered—A punitive and deterrent sentence called for—Sentence of 12 years imprisonment imposed—Criminal Code s213 and s19.

2 The State v Peter Yawoma (2001) N2032, The State v Joseph Minjihau (2002) N2243, The State v Moki Lepi (No 2) (2002) N2278, The State v Bernard Konombo (1997) N1742, John Aubuku v The State [1987] PNGLR 267, The State v Sottie Apusa [1988–89] PNGLR 170, James Mora Meaoa v The State [1996] PNGLR 280, Thomas Waim v The State (1997) SC519, The State v Eddie Peter (No 2) (2001) N2297, The State v Edward Toude (No 2) (2001) N2299, The State v Otto Paulus (2002) N2241, Grayson Andowa v The State (1998) SC576 referred to

Decision On Sentence

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Kandakasi J: On Friday last week you pleaded guilty to one charge of unlawful carnal knowledge of a girl under twelve (12) years. After having heard you and your lawyer's address on sentence, as well as that of the State, I reserved a ruling on your sentence to today. The adjournment was to enable me to consider the submissions and the relevant law on this kind of cases before arriving at a sentence for you. This is now the Court's decision on sentence.

Relevant Facts

The relevant facts are simply these. On Tuesday 17 August 2001, you took your little niece, DD to a nearby creek at your village, Andra, Kubalia, East Sepik Province. Whilst there, you took off her underwear and pushed her down on the ground. She landed face up. You then opened her legs, put your penis into her vagina and had sex with her. Your victim felt a lot of pain and cried. Her cry was heard back in the village. After having satisfied yourself, you told her not to tell her mother and took her back into the village.

The victim did not tell anyone about what you did to her the same day. But the next day, she had difficulty urinating because of your forceful sexual intercourse with her caused some injuries that hurt. Her mother asked her as to the cause of that and she told her mother about what you did to her. Medical evidence confirms that the victim had a torn hymen at 9:00 o'clock position and a minor right labia majora bruise. It also confirms that there was a vaginal penetration.

You told the Police, in your record of interview, that you were the victim's paternal uncle. At the time of the offence and your record of interview, you told...