The State v Dominic Mangirak (2003) N2368

• Jurisdiction: Papua New Guinea
• Citation: (2003) N2368
• Date: 29 April 2003
• Court: National Court
• Year: 2003

Full Title: The State v Dominic Mangirak (2003) N2368

National Court: Kandakasi J

Judgment Delivered: 29 April 2003

1 CRIMINAL LAW—Sentence—Manslaughter—Guilty Plea—Provocation in the non legal sense—One spear wound leading to loss of blood and death—First time offender—Sentencing guidelines considered—Sentence of 12 years imposed.

2 Rex Lialu v The State [1990] PNGLR 487, Anna Max Marangi v The State (2002) SC702, Antap Yala v The State (1996) SCR 69 of 1996, Jack Tanga v The State [1999] PNGLR 216, John Kapil Tapi v The State (2000) SC635 and The State v Jimmy Morgan (2001) N2171 referred to

Decision on Sentence

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Kandakasi J: You pleaded guilty to one charge of manslaughter or unlawful killing contrary to s302 of the Criminal Code. Upon reading the material in the deposition, which was admitted into evidence with your consent, I was satisfied that there was enough evidence to support your guilty plea. I therefore, accepted your guilty plea and had you convicted as charged.

The facts are straight forward. In the evening of 12 August 2002, you were in your house, when one Steven Sawingu and his relatives came to resolve some differences you had with them. That appears to have been over a gossip about your sister being spread by the Sawingu's. When the Sawingu's got to your house, an argument ensued between you and them. That led to a fight.

In the fight, your father who was armed with a wild palm spear fought with Steven Sawingu's elder brother, August Sawingu. Steven Sawingu went to his brother's aid and fought with one of your brothers, Gering Mangirak. You were also armed with a sharp bamboo spear and attacked Steven Sawingu. You shot him on his left chest below his arm pit and quickly pulled the spear out and tried to spear August Sawingu too but he avoided it.

Steven and August Sawingu then started to run away from the scene back to their house. But, before they could reach their house, Steven collapsed on the way. August Sawingu and another carried Steven Sawingu into his house and there he passed away due to heavy loss of blood.

In...