The State v Jimmy Yasasa Lep

• Jurisdiction: Papua New Guinea
• Citation: (1996) N1495
• Date: 10 December 1996
• Court: National Court
• Year: 1996

National Court: Sevua J

Judgment Delivered: 10 December 1996

1 Criminal Law—Sentences—Burglary—Pack rape—Armed robbery—Aggravating factors—Premeditated stealing with violence—Threats with shotgun and knives—Rape victim married woman aged 34 years—3 year old daughter made to spectate whilst victim being pack–raped—Violence used—Violation of constitutional right

2 Criminal Law—Sentences—Concurrent or cumulative—Burglary and robbery one transaction because planned—Rape a separate transaction—Sentences for burglary and robbery concurrent—Sentence for rape cumulative on sentence for robbery

3 Criminal Law—Sentence—Guidelines for sentences on rape and armed robbery—outdated, unsuitable and no longer applicable

4 The State v Peter Kaudik [1987] PNGLR 201, John Aubuku v The State [1987] PNGLR 267 and Gimble v The State [1988–89] PNGLR 271 referred to

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Sevua J: The prisoner, Jimmy Yasasa Lep was convicted, after a trial, of three counts contained in three separate indictments. The first count is break and enter, the second count is rape and the final count is armed robbery.

The facts are these. On the morning of 1 March 1996, at approximately 3 am, the prisoner and three others entered the premises of Barry Bradshaw at Section 53 Lot 6, Fairywren Street, China Town, Lae, and opened the car–port rollerdoor from the inside. They went upstairs to the rear door and forced open the door with the use of a pinch bar. They were armed with a home–made shotgun and bush knives. They also had flashlights with them.

Inside the dwelling house, they entered the bedroom where Mr and Mrs Bradshaw, with their three year old daughter were asleep. The family was rudely and forcefully woken up. One of the burglars said, "wake up, wake up, this is a holdup, we want your money." The victims were menaced by the intruders with knives, whilst flashlights were shone on their eyes which caused disorientation at first.

After about ten or fifteen minutes of menacing the victims, two of the intruders forced Mrs Bradshaw and her daughter out to the balcony adjoining the bedroom. Knives were used to frighten Mrs Bradshaw and her daughter, whilst in the bedroom, Mr Bradshaw was being harassed and threatened with the gun and money demanded from him by the other two intruders.

At the balcony, one of the rapists held a knife against the prosecutrix's neck while the other removed all her clothes so that she became fully naked. She was then pushed down onto the floor and her legs were forced apart. The first person who raped her held a knife against her neck.

After he had raped her, the second person raped her...