The State v Tau Karo (2004) N2600

• Jurisdiction: Papua New Guinea
• Citation: (2004) N2600
• Date: 29 April 2004
• Court: National Court
• Year: 2004

Full Title: The State v Tau Karo (2004) N2600

National Court: Kandakasi J

Judgment Delivered: 29 April 2004

1 CRIMINAL LAW—Sentence—Manslaughter—Guilty Plea—Deceased drunk and provoking attack in non legal sense—Deceased pushed and landing on hard surface causing already swollen spleen to rapture—First time offender—Sentencing guidelines considered—Sentence of 8 years imposed—s302 Criminal Code.

2 The State v Robin Donumb (2003) N2377, 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, The State v Dominic Mangirak (2003) N2368, The State v Jimmy Morgan (2001) N2171, Sakarowa Koe v The State (2004) SC739, The State v Fredinand Naka Penge (2002) N2244, Allan Peter Utieng v The State (2000) SCR15 of 2000 (Unreported and unnumbered judgment of the Supreme Court delivered in Wewak on 23 November 2000), The State v Kevin Anis [2003] PNGLR 344, The State v Jerry Mana (2003) N2367, Public Prosecutor v Don Hale (1998) SC564, The State v Louise Paraka (2002) N2317 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. The Court accepted your guilty plea on being satisfied that, the material in the deposition, admitted into evidence with your consent, supported the charge and your guilty plea.

The Facts

The relevant facts start with you being at the Napo Club performing your duty as a security guard, here in Popondetta on 10 October 2003. The time was between 4:00 and 5:00pm. At that time, the deceased Willie Wamp, then drunk, walked in and refused to pay his gate fee of K2.00 charged by the club. An argument then eventually a fight developed between you and him over his non–payment of his gate fee. He started the fight by punching you on your left ear. You returned that punch by hitting him around his face, momentarily blinding him and caused him to fall onto the ground. You then pulled him up on his shirt collar and threw him out of the gate. That caused him to land hard on a hard surface, causing his already moderately enlarged spleen to rapture, leading to his death.

During your address on sentence, you told this Court that, you did not mean to kill the deceased. You said sorry to the relatives of the deceased and asked for leniency. To this, your lawyer added your personal and family backgrounds.

You are from Makerupu village, Rigo, Central Province and aged 36, married with four children. This is the first time you have committed any offence. Professionally, you are an experienced electrician and have worked with Remington Pitney Bowes for sometime. Additionally, you are a reserve police constable and at the time of the offence, Napo Club employed you as a security guard and was performing your duties, in the course of which you committed the offence.

Submissions and Sentencing Trends and Tariffs

In relation to the kind of sentence you should receive, your lawyer urged the Court to take into account your personal and family backgrounds and that you pleaded guilty and co–operated well with the police and the other authorities up to this Court. This saved...