Stanley Sabiu v The State (2007) SC866

• Jurisdiction: Papua New Guinea
• Date: 27 June 2007
• Citation: (2007) SC866
• Docket Number: SCRA NO. 10 OF 2006
• Court: Supreme Court
• Year: 2007

Full Title: SCRA NO. 10 OF 2006; Stanley Sabiu v The State (2007) SC866

Supreme Court: Mogish, Manuhu & Hartshorn, JJ

Judgment Delivered: 27 June 2007

APPEAL AGAINST SENTENCE—s229A (2) Criminal Code—Sexual Penetration of Child under 12 years - Guidelines for Sentencing—Appeal against Sentence Principles

Cases cited

William Norris v The State [1979] PNGLR 605; Maima v. Sma [1972] PNGLR 49; The State v. Peter Lare (2004) N2557; The State v. Pennias Mokei (No 2) (2004) N2635; The State v. Eddie Trosty, (2004) N2681; The State v. Kemai Lumou (2004) N2684; The State v. Biason Benson Samson (2005) N2799; The State v. Thomas Angup (2005) N2830; The State v. Binga Thomas (2005) N2828; The State v.Kutetoa (2005) N2807; The State v. Alois CR 236/05 Kokopo; The State v. George Taunde (2005) N2807; The State v. Ndakum Pu-Uh (2005) N2949; Ben Wafia v. The State (2006) SC851; The State v. Ella Yasu (2007) CR 961/06 Vanimo.

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1. BY THE COURT: Introduction: This appeal was heard on 26 June 2007. The Appellant appeals the sentence of 17 years imprisonment that was imposed upon him by the National Court at Vanimo after he pleaded guilty to sexually penetrating a child under the age of 12 years, contrary to s.229A(2) Criminal Code. The Appellant lists five (5) mitigating reasons why the sentence should be reduced. The State opposes the appeal as it contends that those five (5) mitigating reasons have already been taken into account, that the appellant has not shown any error by the trial judge and that the sentence of 17 years imprisonment is appropriate in the circumstances.

Facts

2. On 31 May 2005, the Appellant followed the victim, his 6 year-old nephew, into some bushes and forcibly had anal intercourse with him, causing the boy to suffer bruising, bleeding and pain...