The State v Kenneth Peter (2002) N2336
| Jurisdiction | Papua New Guinea |
| Citation | (2002) N2336 |
| Date | 11 April 2002 |
| Court | National Court |
| Year | 2002 |
Full Title: The State v Kenneth Peter (2002) N2336
National Court: Injia J
Judgment Delivered: 11 April 2002
1 Criminal Law—Sentence—Unlawful carnal knowledge of 13 year old school girl (aged 16 years at the time of trial) by 19 year old man—Appropriateness of non–custodial sentence—Appropriateness of Compensation order—Accused Sentenced to 2½ years—Sentence wholly suspended on condition he pays K5,000.00 compensation to victim within 18 months—Funds to be held in trust and invested by the Registrar until victim attains the age of maturity (18 years old)—Criminal Code (Ch262), s216—Criminal Law (Compensation Act) 1991, s2.
2 Pike Dambe v Augustine Peri and The Independent State of Papua New Guinea [1993] PNGLR 4, Samuel Era v Susan Paru [1994] PNGLR 593, Lawrence Hindemba v The State (1998) SC593 and The State v William Muma [1995] PNGLR 161 referred to
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Injia J: The prisoner pleaded guilty to a charge that on 3 October 1999, at Bulolo he had unlawful carnal knowledge of Miss SF (named "victim"), a girl under the age of 16 years, contrary to s216 of the Criminal Code. At that time she was aged 13 years old and going her 4th Grade at Primary School. Now she is aged 16 years old and she is doing her Grade 7.
The prisoner was at that time aged about 19 years old and single. He is now between 21–22 years old and still single. He is educated up to Grade 10 in 1996 and has been employed by PNG Forest in 1997. This year, he resigned his job and is attending Mt Hagen Technical College studying to be a heavy machinery operator. The prisoner and his parents reside at Kapriman Compound at Bulolo Township but they originally come from Kapriman village, Angoram in the East Sepik Province. The victim and her family also come from Kapriman village, Angoram. They reside at Kapriman compound as well. The two families have known each other for a long time. The victim describes her relationship with the accused as "us brothers."
On 3/10/99 at about 7.00pm, the victim and her small sister and brother were alone in her house. The prisoner came and signalled her to come outside and asked her to accompany him to find some "ice block." She agreed and they went out. On the way, the prisoner pulled her to a pineapple garden, laid her on the ground, undressed her and had sexual intercourse with her. The accused covered her mouth with his hand and prevented her from shouting. In the course of the intercourse, she felt pain and "cried slowly." Then he left her there after hearing her mother call out for her. Her father got angry after finding out she had sex with him and belted her up.
The accused in his Record of...
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State v Binga Thomas (2005) N2828
...Lohori Mau [2003] PNGLR 213, The State v Moki Lepi (No 2) (2002) N2278, The State v Nivi Araba [1999] PNGLR 131, The State v Kenneth Peter (2002) N2336, The State v Miseal Butemo [1984] PNGLR 62, John Aubuka v State [1987] PNGLR 267, The State v Eddie Trosty (2004) N2681, R v Ebulya [1964] ......
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Grace Lome by her next friend Jack Lome v Allan Kundi, Western Highlands Provincial Police Commander and The Independent State of Papua New Guinea (2009) N3791
...& s198. Cases cited: Helen Bia Sam v Paul Haurom [1998] PNGLR 346; Samuel Era v Susan Paru [1994] PNGLR 593; The State v Kenneth Peter (2002) N2336; The State v Kunija Osake (2003) N2380; The State v Peter Kaudik [1987] PNGLR 201; The State v Kenneth Penias [1994] PNGLR 48; James Mora Meaoa......
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State v Thomas Angup (2005) N2830
...the victim and the defendant are both in their teens it can be a neutral or favourable factor for the defendant (The State v Kenneth Peter (2002) N2336 (Injia DCJ). But if there is a large age difference between the age of the victim and the age of an older defendant it is usually regarded ......
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The State v Misiru Inabin
...11 years old – breach of trust, authority and dependency Cases cited: State v. Stanley Marai Uriye (2003) N2386 State v. Kenneth Peter (2002) N2336 Jennifer Jean Scott v. Michael Jean Scott (2009) N3881 State v. Misuru Inabin (2018) N7287 State v. Makis (2017) NCSO 545 State v. Manu Nombo (......
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State v Binga Thomas (2005) N2828
...Lohori Mau [2003] PNGLR 213, The State v Moki Lepi (No 2) (2002) N2278, The State v Nivi Araba [1999] PNGLR 131, The State v Kenneth Peter (2002) N2336, The State v Miseal Butemo [1984] PNGLR 62, John Aubuka v State [1987] PNGLR 267, The State v Eddie Trosty (2004) N2681, R v Ebulya [1964] ......
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Grace Lome by her next friend Jack Lome v Allan Kundi, Western Highlands Provincial Police Commander and The Independent State of Papua New Guinea (2009) N3791
...& s198. Cases cited: Helen Bia Sam v Paul Haurom [1998] PNGLR 346; Samuel Era v Susan Paru [1994] PNGLR 593; The State v Kenneth Peter (2002) N2336; The State v Kunija Osake (2003) N2380; The State v Peter Kaudik [1987] PNGLR 201; The State v Kenneth Penias [1994] PNGLR 48; James Mora Meaoa......
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State v Thomas Angup (2005) N2830
...the victim and the defendant are both in their teens it can be a neutral or favourable factor for the defendant (The State v Kenneth Peter (2002) N2336 (Injia DCJ). But if there is a large age difference between the age of the victim and the age of an older defendant it is usually regarded ......
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The State v Misiru Inabin
...11 years old – breach of trust, authority and dependency Cases cited: State v. Stanley Marai Uriye (2003) N2386 State v. Kenneth Peter (2002) N2336 Jennifer Jean Scott v. Michael Jean Scott (2009) N3881 State v. Misuru Inabin (2018) N7287 State v. Makis (2017) NCSO 545 State v. Manu Nombo (......