Thomas Waim v The State

• Jurisdiction: Papua New Guinea
• Citation: (1997) SC519
• Date: 02 May 1997
• Court: Supreme Court
• Year: 1997

Supreme Court: Kapi DCJ, Andrew J, Sakora J

Judgment Delivered: 2 May 1997

1 Appeal against sentence—Rape.

2 William Norris v The State [1979] PNGLR 605; John Aubuku v The State [1987] PNGLR 267, The State v Peter Kaudik [1987] PNGLR 201 and The State v Michael Amuna Koupa [1987] PNGLR 208 referred to

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By the Court: This is an appeal against sentence. The appellant pleaded guilty before Sevua J to four counts of rape. His Honour convicted the appellant on all four counts and sentenced him to 8, 15, 25 and 8 years imprisonment respectively. The learned trial judge then ordered that the sentences for the first, second and fourth counts be served concurrently with the 25 years sentence for the third, less the remand period of 4 months and one week. It was recommended by the judge that the appellant should not be released on parole.

The agreed facts reveal the following circumstances surrounding the commission of the offence. On the afternoon of 18 March 1995 at about 6 o'clock the victim and her boyfriend were walking towards the University of Technology campus. They were on their way from East Taraka. As they approached the campus gates the appellant went across the road to them and asked the victim why she was going to the University with her boyfriend. The victim explained why, but the appellant pulled her away from her boyfriend, back towards East Taraka.

As this was going on at the hands of the appellant, five other young men approached and threatened the boyfriend, chasing him into the University campus. They...