The State v Pricilla Piru (2010) N4221

• Jurisdiction: Papua New Guinea
• Date: 21 April 2010
• Citation: (2010) N4221
• Docket Number: CR 43 OF 2010
• Court: National Court
• Year: 2010

Full Title: CR 43 OF 2010; The State v Pricilla Piru (2010) N4221

National Court: Gavara-Nanu, J

Judgment Delivered: 21 April 2010

CRIMINAL LAW—Sentence—Arson—Plea of guilty - Criminal Code Act, Chapter No. 262; s416 (3)—Maximum penalty—Deliberately setting fire to a large family house—House and all its contents destroyed and lost in fire—Valuable items lost in fire—Actions of the accused unprovoked—A deterrent custodial sentence appropriate—Appropriate sentencing principles discussed.

Case cited:

The State v Andrew Yeskulu [2003] PNGLR 27; The State v Enni Mathew (No 2) (2003) N2563; The State v Ipu Samuel Yomb [1992] PNGLR 261; The State v Robin Warren (No 2) (2003) N2418; The State v Prodie Akoi (2004) N2584

1. GAVARA-NANU, J: On 15 April, 2010, the accused pleaded guilty to wilfully and unlawfully setting fire to a dwelling house belonging to one Mrs. Freda Gordon (“Mrs. Gordon”) on 2 October, 2009, at Puhemo Block, Oro Province, contrary to s416 (3) of the Criminal Code Act, Chapter No. 262.This offence carries the maximum penalty of life imprisonment.

2. The circumstances in which this offence was committed are these; on the day of the offence, between 4.00pm and 5.00pm, the accused and Mrs. Gordon who is the accused’s mother in-law had an argument over some comments Mrs. Gordon made to the accused. The accused misunderstood Mrs. Gordon’s comments and she became angry and threatened to burn down Mrs. Gordon’s house.The accused and her family were also living in that house.After making threats, the accused went and got dry coconut leaves lit them then set fire to Mrs. Gordon’s house, resulting in the house and all its contents being burnt to ashes.The total value of the personal belongings for Mrs Gordon and her children that were lost in the fire was estimated at K4,462.00.

3. Mrs. Gordon’s deposition shows that on the day of the offence, she was minding the accused’s children at home when accused went to her garden.When the accused returned from the garden, Mrs. Gordon told her that, while she was happy to mind her grand children, she had also been fearful that the people who had an argument with her family sometime back might go and destroy their things.When the accused heard this, she thought Mrs. Gordon was complaining about looking after her children and she became angry and abusive towards Mrs. Gordon and called her names.This led to the argument between them. Before setting fire to the house, the accused told Mrs. Gordon that she was going to set fire to the house and kill her.

4. Mrs. Gordon managed to remove only a few of her personal belongings from the house, she then went and stood at a distance as she watched the accused set fire to the house.

5. The house had 4 bedrooms and had iron roofing.It had timber walls and flooring.

6. According to a Murray Gordon, one of Mrs. Gordon’s sons, the house had 9 posts, he himself used to live in the house with his family until they moved out sometime before this incident.

7. Mrs. Gordon is an old widow.

8. The accused is about 26 years old, she has 4 children. She is a first time offender, in her allocutus when expressing her remorse, she told the Court that one other reason why she was angry toward Mrs. Gordon was that Mrs Gordon also said to her that she and her children lived like animals and that she should work and support her children.The accused also said she was...