The State v Steven Archie (2009) N3727

• Jurisdiction: Papua New Guinea
• Date: 18 August 2009
• Citation: (2009) N3727
• Docket Number: CR NO 577 0F 2007
• Court: National Court
• Year: 2009

Full Title: CR NO 577 0F 2007; The State v Steven Archie (2009) N3727

National Court: Cannings J

Judgment Delivered: 18 August 2009

SENTENCE

CRIMINAL LAW—sentence—sexual touching of a child under the age of 16 years, Criminal Code, s229B(1)(a)—male offender aged 18 years at time of offences, female victim, aged 13 years—guilty plea.

A man pleaded guilty to sexually touching a 13-year-old girl by putting his penis against her vagina. This is the judgment on sentence.

Held:

(1) The starting point for sentencing for this offence (which carries a maximum penalty, given the age of the child, of 7 years imprisonment) is 4 years imprisonment.

(2) Mitigating factors: no weapon or aggravated violence used against the victim; no physical injury to the victim; moderate age gap between the offender and the victim; compensation has been paid and there has been reconciliation between the offender and the victim; the offender has caused no further trouble; he pleaded guilty; he is a first-time offender.

(3) Aggravating factors are: the offender was attempting penetration and was interrupted by a third party (the victim’s mother).

(4) A sentence of three years was imposed. The pre-sentence period in custody was deducted and three years of the sentence was suspended.

Cases cited

The following cases are cited in the judgment:

Saperus Yalibakut v The State (2006) SC890; The State v A Juvenile, “IO” (2005) CR No 1166 of 2004; The State Kagewa Tanang (2005) N2941; The State v Paul Nelson (2005) N2844; The State v Thomas Tukaliu (2006) N3026; The State v Timothy Bipi (2009) N3608; The State v Willaim Patangala (2006) N3027

SENTENCE

This was a judgment on sentence for sexual touching of a child under the age of 16 years.

1. CANNINGS J: This is the sentence for a 21-year-old Petats Island man, Steven Archie, who has pleaded guilty to one count of sexual touching of a child under the age of 16 years, a 13-year-old girl. The offence was committed between 6.00 and 7.00 pm on 20 January 2007 at Petats Island. The victim had been sent by her mother to sell tapiok. As she was returning home the offender was waiting for her on the side of the road, behind some flowers. He grabbed her, pulled her off the road, removed her clothes and put his penis against her vagina and tried to penetrate her. The victim’s mother came along, looking for her, and interrupted the offender.

2. A conviction has been entered under s229B(1)(a) of the Criminal Code.

ANTECEDENTS

3. The offender has no prior convictions.

ALLOCUTUS

4. The offender was given the opportunity to address the court. He said:

I say sorry for what I have done. The victim agreed to what happened. After the incident the two families reconciled. I ask the court to put me on probation.

OTHER MATTERS OF FACT

5. As the...