The State v Ojawe Tunmai

• Jurisdiction: Papua New Guinea
• Citation: (2000) N1988
• Date: 20 April 2000
• Court: National Court
• Year: 2000

National Court: Sawong J

Judgment Delivered: 20 April 2000

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Sawong J: On 15 February 2000, you were convicted for the crime of rape, an offence contrary to s347 Criminal Code. After submissions on sentence, I adjourned sentencing you as I was informed that your two co–accused had pleaded guilty and had been sentenced but neither the prosecutor nor your counsel was able to tell me the length of this sentence. I therefore adjourn sentencing you till that information was provided to the Court.

I have now been informed by Mr Wala, Senior State Prosecutor, that your two co–accused Paul and Mali, pleaded guilty to the crime and were convicted and sentenced to 4 years IHL.

Much of the facts of your case are set out in my decision on the verdict. I therefore do not propose to set these out in detail. But for the purpose of sentencing you, the relevant facts are as follows.

You and your two accomplices accosted the girl in a banana garden as she was returning from the store. The three of you then assaulted her and had sexual intercourse with her by force and without her consent.

You are a 27 year old single man. You are second born in a family of 3 children. Both of your parents are alive. You were educated up to grade 6.

The crime of rape is serious, prevalent and violent crime. The penalty under s347 is life imprisonment, subject of course to s19 of the...