The State v Sottie Apusa [1988-89] PNGLR 170
Jurisdiction | Papua New Guinea |
Judgment Date | 22 May 1989 |
Citation | [1988-89] PNGLR 170 |
Year | 1989 |
Court | National Court |
Judgement Number | N733 |
Full Title: The State v Sottie Apusa [1988-89] PNGLR 170
National Court: Brunton AJ
Judgment Delivered: 22 May 1989
N733
PAPUA NEW GUINEA
[NATIONAL COURT OF JUSTICE]
THE STATE
V
SOTTIE APUSA
Goroka
Brunton AJ
19 May 1989
22 May 1989
CRIMINAL LAW — Unlawful carnal knowledge of girl under 16 years — Sentencing principles — Appropriate tariffs — Criminal Code (Ch No 262), s 216 (a).
CRIMINAL LAW — Sentence — Unlawful carnal knowledge of girl under 16 years — Accused step-father of 15-year-old victim — Six offences over four months — Plea of guilty — Sentence of three years two months — Criminal Code (Ch No 262), s 216 (a).
The following guidelines may be taken as appropriate to sentencing for the offence of unlawful carnal knowledge of a girl under 16 years contrary to s 216 (a) of the Criminal Code (Ch No 262) for which the maximum prescribed penalty is five years imprisonment:
(1) a lower range from discharge up to 20 months, for cases where the accused and the victim are of similar age, where the accused is a young offender and the victim between 14 and 16 years and where the offender is disabled, or physically or mentally handicapped and the victim a consenting party;
(2) a middle range from 20 months to 40 months, for cases where the accused is a mature man and there are no circumstances of aggravation;
(3) an upper range from 40 months to the maximum of five years, for cases where there are circumstances of aggravation, such as, cases where there is a relationship of trust and dependency between the accused and the victim, for example, teacher and pupil, medical carer and patient, and step-father/uncle relationships.
Held
On a plea of guilty to six charges of unlawful carnal knowledge of a girl under 16 years contrary to s 216 (a) of the Criminal Code (Ch No 262), where the accused was the step-father of his 15-year-old victim and the offences occurred over a four-month period, sentences of three years and two months (38 months), to be served concurrently, should be imposed.
Cases Cited
John Aubuku v The State [1987] PNGLR 267.
R v Billam [1986] 1 WLR 349; [1986] 1 All ER 985.
Sangumu Wauta v The State [1978] PNGLR 326.
Sentence
An accused pleaded guilty to six counts of unlawful carnal knowledge of a girl under 16 years contrary to s 216 (a) of the Criminal Code (Ch No 262) and the following judgment was delivered on sentence.
Counsel
C Ashton-Lewis, for the State.
K Kot, for the accused.
Cur adv vult
22 May 1989
BRUNTON AJ:
THE CHARGES
The prisoner pleaded guilty to six counts of unlawful carnal knowledge, offences against s 216 (a) of the Criminal Code (Ch No 262).
THE FACTS
The victim was the thirteen-year-old step-daughter of the prisoner. The prisoner admitted that within a four-month period he had sexual intercourse with her on six occasions. Each time the intercourse happened, the prisoner was alone in the house with the victim. Although there was evidence on the depositions that threats had been made by the prisoner in order to get his way, the State Prosecutor, Mrs Ashton-Lewis, who had interviewed all State witnesses, submitted that the acts of intercourse were consensual. From this I inferred that the State view of the evidence was not such that it could properly indict for the more serious charge of rape. In his statement to the District Court, the prisoner asserted that the victim had asked him for K2, and had taken the initiative in the illicit relationship. Nowadays this is a common enough allegation in these cases, and is...
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The State v Sou Mesak, Lavuvat Rereke & Billy Turmur (No 3) (2009) N3907
...offence was committed, the prisoner was about 23 years a very big age difference and according to the case of The State v Sottie Apusa [1988-89] PNGLR 170, it is an aggravation. 37. Your case went by trial. According to the case of John Elipa Kalabus v The State [1988] PNGLR 193 at 197, the......
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State v Thomas Angup (2005) N2830
...was life imprisonment:s11(2) Criminal Code. The proper sentence for counts 1,3 and 4 was 4 years each: The State v Sottie Apusa [1988-89] PNGLR 170. The proper sentence for count 2, sexual penetration of a child under the age of 12 years, was 20 years considering the circumstances of aggrav......
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The State v Ilam Peter (2006) N3090
...v David Duna Burua CR. No.829 of 2005 referred to. 9. One series of events - Sentences to be served concurrently. State v Sottie Apusa [1988-89] PNGLR 170 and D. A. Thomas; Principles of Sentencing referred to Counsel: L. Rangan, for the State P. Kaluwin, for the Defendant 1. LAY J.: The pr......
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The State v John Warkuwo (2002) N2372
...was raped by none other than the father. You broke the trust the victims reposed on you as their father: The State –v- Sottie Apusa [1988-89] PNGLR 170, The State –v- Mitige Neheya [1988-89] PNGLR 174. You are the one who supposed to support the victims, to provide for their needs in terms ......
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The State v Sou Mesak, Lavuvat Rereke & Billy Turmur (No 3) (2009) N3907
...offence was committed, the prisoner was about 23 years a very big age difference and according to the case of The State v Sottie Apusa [1988-89] PNGLR 170, it is an aggravation. 37. Your case went by trial. According to the case of John Elipa Kalabus v The State [1988] PNGLR 193 at 197, the......
-
State v Thomas Angup (2005) N2830
...was life imprisonment:s11(2) Criminal Code. The proper sentence for counts 1,3 and 4 was 4 years each: The State v Sottie Apusa [1988-89] PNGLR 170. The proper sentence for count 2, sexual penetration of a child under the age of 12 years, was 20 years considering the circumstances of aggrav......
-
The State v Ilam Peter (2006) N3090
...v David Duna Burua CR. No.829 of 2005 referred to. 9. One series of events - Sentences to be served concurrently. State v Sottie Apusa [1988-89] PNGLR 170 and D. A. Thomas; Principles of Sentencing referred to Counsel: L. Rangan, for the State P. Kaluwin, for the Defendant 1. LAY J.: The pr......
-
The State v John Warkuwo (2002) N2372
...was raped by none other than the father. You broke the trust the victims reposed on you as their father: The State –v- Sottie Apusa [1988-89] PNGLR 170, The State –v- Mitige Neheya [1988-89] PNGLR 174. You are the one who supposed to support the victims, to provide for their needs in terms ......