The State v Maria Tuu (2008) N3706

• Jurisdiction: Papua New Guinea
• Date: 17 March 2008
• Citation: (2008) N3706
• Docket Number: CR. NO. 974 OF 2007
• Court: National Court
• Year: 2008

Full Title: CR. NO. 974 OF 2007; The State v Maria Tuu (2008) N3706

National Court: David, J

Judgment Delivered: 17 March 2008

CRIMINAL LAW—sentence—murder—victim killed by co-wife—guilty plea entered—prisoner surrendered to police voluntarily immediately after committing crime - cooperated with police - remorse expressed and manifested by payment of belkol compensation - de facto provocation - no prior convictions - sentence of 16 years IHL less period of pre-trial custody.

Cases cited:

Goli Golu v The State [1979] PNGLR 653; Avia Aihi v The State (No 3) [1982] PNGLR 92; Ure Hane v The State [1984] PNGLR 105; The State v Eddy Kava Laura (No 2) [1988–89] PNGLR 98; Lawrence Simbe v The State [1994] PNGLR 38; Simon Kama v The State (2004) SC740; Manu Kovi v The State (2005) SC789

1. DAVID, J: INTRODUCTION: On 6 March 2008, the State presented an indictment charging Maria Tuu (the Prisoner) that she, on 09 July 2007 at Mt Hagen, in Papua New Guinea murdered one Sina Negints (the deceased) contravening s.300 (1) (a) of the Criminal Code (“the Code”). The Prisoner was convicted of the charge after the Court accepted her guilty plea.

Indictment

2. The indictment was preferred as follows:-

MARIA TUU of WAIPIP village, Nebilyer, Western Highlands Province, stands charge that she on 9th day of July 2007 at Mt. Hagen in Papua New Guinea murdered one SINA NEGINTS.

FACTS

3. The facts to which the Prisoner pleaded are these.

4. The deceased and the Prisoner are the first and second wives of one Mr. Negints respectively.

5. During the early hours of 09 July 2007, the deceased who was with a little child and another lady travelled into Mt. Hagen in a PMV driven by Mr. Negints. They were on their way to the hospital to have the child treated who was suspected of contracting typhoid and malaria. The child could not get treated at the hospital so they left the hospital premises and walked towards the Mt Hagen main market.

6. The Prisoner followed them into town by jumping on another PMV, went to the hospital and then proceeded towards the main market where she confronted the deceased with the child in her arms and the other lady. An argument developed which led to a fight and during the cause of the fight, the Prisoner took out a kitchen knife and stabbed the deceased on her abdomen. The knife penetrated the right kidney and a portion of her liver. The deceased died as a result of the injuries sustained to those organs.

7. The Accused intended to do grievous bodily harm to the deceased.

ANTECEDENTS

8. The Prisoner who is aged twenty eight (28) years is illiterate and is from Waipip village, Nebilyer District, Western Highlands Province. She is the second wife of Mr. Negints and they have a child from their decade old marriage. The Prisoner does not have any prior convictions.

ALLOCATUS

9. On allocatus, the Prisoner admitted murdering the deceased, but said she did not mean to kill. She said her action was influenced by satanic forces.

10. The Prisoner also said that despite being the second wife and that she had a child from her marriage, her husband did not provide her with a house when a bird even had a nest to rest in. Furthermore, she said that she looks after the deceased’s children from the latter’s marriage to their common husband, but it was actually her husband who made her angry which resulted in the fight.

11. The Prisoner also acknowledged that it was God who takes away life and she was sorry for breaking God’s law. She went on to say sorry to the deceased and her immediate family, to her husband and their community, to those in the Court room including members of the public and offenders awaiting their cases to be heard and to the Court for her not heeding its warning for people not to have knives in their possession.

12. The Prisoner asked the Court to have mercy on her as she was a first time offender, had small children at home to look after and asked to be sent back to her village.

LAW

13. Section 300 (1)(a) of the Code creates the offence and prescribes the penalty. The maximum penalty, subject to s.19 of the Code is life imprisonment. I set out the relevant provision as follows:-

300. Murder.

(1) Subject to the succeeding provisions of this Code, a person who kills another person under any of the following circumstances is guilty of murder:—

(a) if...