State v Noksie Aiganda (2013) N5095

• Jurisdiction: Papua New Guinea
• Date: 18 February 2013
• Citation: (2013) N5095
• Docket Number: CR NO. 120 OF 2012
• Court: National Court
• Year: 2013

Full Title: CR NO. 120 OF 2012; State v Noksie Aiganda (2013) N5095

National Court: Ipang AJ

Judgment Delivered: 18 February 2013

CRIMINAL LAW—Sentence - Criminal Code Act—s.347 (1)—Prisoner threatened the victim with a bush knife pulled her in to the dark area near a huge tree and raped the victim

CRIMINAL LAW—Sentence—Mitigating factors—First time offender—not pre planning, isolated, no permanent injury, prisoner expressed remorse, compensation paid. Aggravating Factors—prevalence of rape cases, use of offensive weapon, a bush knife, offence took place in the night—no circumstances of aggravation pleaded in the indictment

Cases Cited

The State v James Yali (2006) N2989; State v Bibi Frank (No. 2) (2012) N4700; State v Mano Time CR. No. 97 of 2012 (Unreported); John Aubuku v The State [1987] PNGLR 267; Rudy Yekat v The State [2000] PNGLR 225

DECISION ON SENTENCE

1. IPANG AJ: On the 24 October, 2012 an indictment was presented against the Prisoner charging him on one (1) count of rape pursuant to s347 (1) of the Criminal Code Act, Chapter 262. Prisoner pleaded not guilty and a trial was conducted and concluded. On the 31 October, 2012 the prisoner was found guilty. Mr. Kasito of counsel for the prisoner requested for a Pre Sentence Report (PSR) and a Means Assessment Report (MAR) to be done on prisoner. I have ordered for these reports to be compiled. These reports have been compiled and this is the decision on Sentence for the prisoner.

Brief Facts

2. The brief facts for the purpose of sentencing are as follow: On the 27 October, 2011 between the hours of 7pm and 8pm, the prisoner was at Hofafina village, Okapa, Eastern Highlands Province. He was with his clansmen and had checked on...