The State v Kenneth Penias
| Jurisdiction | Papua New Guinea |
| Citation | [1994] PNGLR 48 |
| Date | 26 May 1994 |
| Court | National Court |
| Year | 1994 |
National Court: Injia AJ
Judgment Delivered: 26 May 1994
1 Criminal law—sentence—guilty plea to 1 count of rape—aggravating features—accused masked and armed with bushknife abducted victim and held her captive for 2 hours—sentence of 9 years
___________________________
Injia AJ: The prisoner pleaded guilty to one count of rape contrary to s347 of the Criminal Code (Ch262) ("the Code"). The maximum penalty for this offence is life imprisonment.
The circumstances of the offence, and these are not contested by the prisoner, are set out in the statement of the victim one Miss Glenda Maro, and her companion Miss Rose Danny. On Thursday 24.09.92 at about 2.00pm the two girls were walking alone towards their own village of Unai. When they reached the Relabana Creek, the prisoner came from behind and grabbed Glenda and dragged her into the nearby bush. At that time the prisoner wore a mask over his face and held a bushknife. Glenda screamed and struggled to set herself free. In the process, she cut the palm of her right hand with the bushknife. Meanwhile Miss Rose got frightened and ran away to seek help. All this time she struggled and begged him to let her go but he refused. The prisoner continued to drag her further into the bush and stopped about 200m from the main road. There they stayed for a while and later he pulled her to another spot near the mangroves. By this time the time was about 4.00pm. He asked her three times to have sex with him, all of which she refused. When she refused, he grabbed her by her "T" Shirt and pushed her to the ground. She tried to scream but he grabbed her by the throat causing her to gasp for air. He then released his grip on her throat and...
To continue reading
Request your trial
-
CR NO 513 OF 2010; State v Bibi Frank (No. 2) (Prisoner) (2012) N4700
...State (1997) SC519; Sinclair Matagal v The State SCRA No. 95 of 1996; The State v Nick Teptep (2004) N2612; The State v Kenneth Penias [1994] PNGLR 48; The State v James Yali (2006) N2989; The State v Donald Angavia (No 2) (2004) N2590; Manu Kovi v The State (2005) SC789; The State v Eki Ko......
-
The State v James Yali (2006) N2989
...unreported, The State v Pais Steven Sow (No 2) (2004) N2588, The State v Pascal Maya Omi (2005) N2808, The State v Kenneth Penias [1994] PNGLR 48, The State v Pennias Mokei (No 2) (2004) N2635, The State v Peter Huli Hahe Haite (2003) N2383, The State v Peter Kaudik [1987] PNGLR 201, The St......
-
The State v Sou Mesak, Lavuvat Rereke & Billy Turmur (No 3) (2009) N3907
...PNGLR 267; John Elipa Kalabus v The State [1988] PNGLR 193; The State v Sottie Apusa [1988–89] PNGLR 170; The State v Kenneth Penias [1994] PNGLR 48; The State v Thomas Waim [1995] PNGLR 187; The State v Lawrie Patrick [1995] PNGLR 195; James Mora Meaoa v The State [1996] PNGLR 280; Lawrenc......
-
The State v Peter Lare (2004) N2557
...plea, the maximum or a higher sentence can be imposed. Injia J (as he then was), applied that principle in The State v Kenneth Penias [1994] PNGLR 48. The Supreme Court approved an application of that principle in Seo Ross v The State (1999) SC605: See also TThe State v Kenny Reuben Irowen ......
-
CR NO 513 OF 2010; State v Bibi Frank (No. 2) (Prisoner) (2012) N4700
...State (1997) SC519; Sinclair Matagal v The State SCRA No. 95 of 1996; The State v Nick Teptep (2004) N2612; The State v Kenneth Penias [1994] PNGLR 48; The State v James Yali (2006) N2989; The State v Donald Angavia (No 2) (2004) N2590; Manu Kovi v The State (2005) SC789; The State v Eki Ko......
-
The State v James Yali (2006) N2989
...unreported, The State v Pais Steven Sow (No 2) (2004) N2588, The State v Pascal Maya Omi (2005) N2808, The State v Kenneth Penias [1994] PNGLR 48, The State v Pennias Mokei (No 2) (2004) N2635, The State v Peter Huli Hahe Haite (2003) N2383, The State v Peter Kaudik [1987] PNGLR 201, The St......
-
The State v Sou Mesak, Lavuvat Rereke & Billy Turmur (No 3) (2009) N3907
...PNGLR 267; John Elipa Kalabus v The State [1988] PNGLR 193; The State v Sottie Apusa [1988–89] PNGLR 170; The State v Kenneth Penias [1994] PNGLR 48; The State v Thomas Waim [1995] PNGLR 187; The State v Lawrie Patrick [1995] PNGLR 195; James Mora Meaoa v The State [1996] PNGLR 280; Lawrenc......
-
The State v Peter Lare (2004) N2557
...plea, the maximum or a higher sentence can be imposed. Injia J (as he then was), applied that principle in The State v Kenneth Penias [1994] PNGLR 48. The Supreme Court approved an application of that principle in Seo Ross v The State (1999) SC605: See also TThe State v Kenny Reuben Irowen ......