The State v Marcus Woibun (2012) N4631

• Jurisdiction: Papua New Guinea
• Date: 23 March 2012
• Citation: (2012) N4631
• Docket Number: CR NO.188 of 2012
• Court: National Court
• Year: 2012

Full Title: CR NO.188 of 2012; The State v Marcus Woibun (2012) N4631

National Court: David J

Judgment Delivered: 23 March 2012

CRIMINAL LAW—sentence - guilty plea—murder—deceased aged about 50 years—offender aged about 60 years - murder weapon, a Winchester type SPA Mossberg pump action shotgun capable of discharging 5 rounds at a time—deceased shot at close range from the back on her left buttock—injuries extended to the abdomen region including the uterus—death within a few hours - death resulted from gunshot wound—prisoner a well educated retrenched public servant and medical doctor with a distinguished career—claim of existing health conditions rejected without a medical report verifying—offender attempted to burn down the deceased’s house with container of petrol - old age special mitigating factor—prisoner’s house burnt down by deceased’s relatives - a sentence of 25 years imprisonment imposed—no pre-sentence report to consider question of suspension—s300 (1)(a) and s19 Criminal Code.

SENTENCE

1. DAVID, J: On 21 March 2012, the State presented an indictment charging the offender that he on 1 December 2011 at Vanimo in Papua New Guinea murdered one, Mary Rotsamana contrary to s300 (1)(a) of the Criminal Code. Upon arraignment, the offender entered a guilty plea which the Court accepted and therefore convicted him of the charge.

2. The short facts put to the offender for purposes of arraignment are these. On 1 December 2011 between 03:00 pm and 04:00 pm, the offender was asleep at his house at Makepa residential area, Vanimo. He was disturbed by some youths who were throwing stones at his house. He got up, armed himself with a firearm, a Mossberg pump action gun and went out of his house. He walked from his house to the deceased, Mary Rotsaman’s house which was about 100 metres away from his house as he suspected that her son had been the one throwing stones. He did not see the young boy so he approached his mother, the deceased and enquired about her son. The deceased at the time was standing near her ground oven baking. She responded saying that her son was asleep and she did not know that her son had thrown stones at his house. The offender raised the firearm and shot at the deceased from a distance of about 5 to 7 metres. The deceased suffered injuries along the abdomen through her back. She fell down bleeding heavily. The deceased died as a result of her injuries. The offender then got a container of petrol, went up the stairs of the house and through the corridor and set the house alight. Neighbours put the fire out. The offender intended to do grievous bodily harm to the deceased.

3. The offender originates from Wautogik village, Wewak in the East Sepik Province. According to the Antecedent Report, he was born on 10 July 1952...