The State v Philip Soni & Tony Ilong (2008) N3694

• Jurisdiction: Papua New Guinea
• Court: National Court
• Date: 14 November 2008
• Citation: (2008) N3694
• Docket Number: CR No. 227 & 229 OF 2006
• Year: 2008

Full Title: CR No. 227 & 229 OF 2006; The State v Philip Soni & Tony Ilong (2008) N3694

National Court: Gavara-Nanu, J

Judgment Delivered: 14 November 2008

CRIMINAL LAW—Sentence - Pleas of guilty—Sexual penetration of a girl under 16 years old by two young men—Criminal Code Act, Chapter No. 262 (as amended)—s229A(1)—Victim mentally disabled—Sexual intercourse non-consensual—Application of the doctrine - “most favourable version of facts” for the accused in respect of the versions of facts given by the accused in their Records of Interview—Application of the doctrine not limited to statements made on allocutus—Aggravating factors outweighing mitigating factors—Penalty should reflect accused’s decision to plead guilty—Sentence of 15 years imprisonment and K500 fine.

Case cited:

Papua New Guinea Cases

Imiyo Wamela v The State [1982] PNGLR 269; John Baipu v The State (2005) SC796; Koniel Alar and Hosea Biu v The State [1979] PNGLR 300; Leonard Sabadi v the Police [2002] PNGLR 641; Mitige Neheye v The State; Martin Gawi v The State [1994] PNGLR 71; Peremai Naroi v The State [1987] PNGLR 293; Public Prosecutor v Tom Ake [1978] PNGLR 469; R v Gabai Vagi [1973] PNGLR 30; Saperus Yalibakut v The State (2006) SC890; The State v Aaron Lahu (2005) N2798; The State v Baika Martin (2008) N3312; The State v Billy Kauwa [1994] PNGLR 503; State v Binga Thomas (2005) N2828; The State v John Erip Muge (2006); The State v Kemai Lumou (2004) N2684; The State v Lastin Inom (1981) N329; The State v Mark Kanupio (2005) N2800; The State v Michael Siwiri (2006) N3382; The State v Ndrakum Pu–Uh (2005) N2949; The State v Patrick Jul (2005) N3167; State v Thomas Angup (2005) N2830; The State v Tobby Tani (1994) N2063; The State v Willie Dominic (2005) N2938

Other case cited:

Weaver v Samuels (1971) SASR 116

R v Tait (1979) ALR 473

1. GAVARA-NANU J: The accused pleaded guilty to a charge on an indictment that they each and severally on 2nd August, 2005 at Talis village in Lihir Island sexually penetrated one Rufina Katel a female under the age of 16, contrary to s229 A (1) (a) of the Criminal Code Act, Chapter No. 262 (as amended)

2. This offence carries the maximum penalty of 25 years imprisonment.

3. The facts of the case are as follows; on 2nd August, 2005, the victim and a friend, Dorothy Pangpang were returning to their village from Palie Health Centre after visiting the victim’s aunty who had delivered a baby at the Health Centre. On the way, the victim and Dorothy met up with the accused. As they were walking towards the victim’s house, Tony Ilong (Tony) offered the victim a betel nut, then suddenly, accused Philip Soni (Philip) pulled the victim into the nearby bushes, removed her clothes then told her to lie down on the ground he then sexually penetrated her. After Philip sexually penetrated the victim, she was coming out of the bush when Tony who was waiting on the road pulled her by the hand and took her to the same bush and sexually penetrated her. The victim went and reported the matter to one of her aunties in the village.

4. The offence took place in the evening at about 7.00pm.

5. The victim had only been up to Grade 4 in school because she had an existing mental condition which had forced her father to withdraw her from school. Both accused were aware of this at the time of the offence.

6. The undisputed evidence shows that after the accused sexually penetrated the victim, she was crying as she went and reported the matter to her aunty. The aunty reported the matter to the victim’s mother and the two women went to the accused and got on them.

7. At the time of the offence, the victim was 14 years old, Philip was about 18 years old and Tony was about 23 years old. Thus, the age difference between the victim and Philip was about 4 years and with Tony, it was about 8 years.

8. The Court has been told that Tony is now married, he has no formal education, Philip on the other hand is single, he has reached Grade 10 in school. He has also done 3 years training at a vocational school for which he holds a Certificate.

9. Both accused have in the past worked for Lihir Gold mine. They were on K500.00 cash bail until 4th of this month when they were remanded in...