The State v Jerry Mana (2003) N2367

• Jurisdiction: Papua New Guinea
• Citation: (2003) N2367
• Date: 02 May 2003
• Court: National Court
• Year: 2003

Full Title: The State v Jerry Mana (2003) N2367

National Court: Kandakasi J

Judgment Delivered: 2 May 2003

1 CRIMINAL LAW—Sentence—Manslaughter—Guilty Plea—Death resulting from drunken brawl—One punch causing deceased to fall on his head on hard concrete floor—Serious injuries to head leading to death—First time offender—Sentencing guidelines considered—Sentence of 9 years imposed—s302 Criminal Code.

2 Rex Lialu v The State [1990] PNGLR 487, Anna Max Marangi v The State (2002) SC702, Antap Yala v The State (1996) SCR 69 of 1996, Jack Tanga v The State [1999] PNGLR 216, John Kapil Tapi v The State (2000) SC635, The State v Dominic Mangirak (2003) N2368, The State v Jimmy Morgan (2001) N2171, Kesino Apo v The State [1988] PNGLR 182, The State v Abel Airi (2000) N2007, The State v Gilbert Peter Diga (2000) N1991 and The State v Lucas Yovura (2003) N2366 referred to

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Kandakasi J: You pleaded guilty to one charge of manslaughter or unlawful killing contrary to s302 of the Criminal Code. Upon reading the material in the deposition, which was admitted into evidence with your consent, I was satisfied that there was enough evidence to support your guilty plea. I therefore, accepted your guilty plea and convicted you on the charge presented.

The facts are straight forward. Around 8.00pm on 11 September 2001, you were at the Kaprai Club here in Wewak, drinking beer. There were a number of other people also drinking beer and playing darts. Amongst them, was a Philip Beiso, who is now deceased. Also at the club was a Robert Jagi, who bought you two bottles of beer. Upon seeing that, the deceased continued to ask Robert Jagi in terms of "what kind of a person were you that he (Robert) was buying you two bottles of beer?" You got fed up of that and asked him to stop but he continued. That made you to slap him in his face and he fell down on the hard concrete floor on his back. You tried to resuscitate the deceased without success.

The deceased was then taken to the Boram Hospital. There was nothing the doctors could do to save his life. He was pronounced dead later the same night. According to the medical report and other evidence on file, the deceased died of a fractured head and brain hemorrhage or bleeding.

In your own address on sentence, you told this Court that you did not mean to kill the deceased. You said you were sorry for what you had done. You also told the Court that you have taken steps to pay compensation to the deceased relatives but his people have not yet come to you to receive it. Further, you told the Court that this is your first offence. You are married with 3 children. Your third born child died whilst you were in custody. In addition to your own, you told the Court that you are also looking after your elder brother's illegitimate children who are all in school. Your brother is away in Japan studying. His children are quite undisciplined and they need your close supervision. If you are sent to prison, your children and those of your brothers will suffer. You therefore asked this Court to be merciful and be lenient to you in placing you under a good behaviour bond or probation.

At your lawyers request I ordered a pre–sentence report to assist me in determining an appropriate sentence for you. I also directed you to get your brother to confirm your claims in relation to his children and show why he is not able to take care of his own children.

I am now in receipt of the report from the probation service. The report recommends a non–custodial sentence to avoid sufferings to you and your brother's children.

Your lawyer took it further on your behalf and urged the Court to note that you pleaded guilty and co–operated well with the police and the other authorities up to this Court. This saved the State and the Court substantial time it could have taken if there was a denial. He also asked me to note your personal background and that this is a case of unintentional killing only as opposed to a case of willful murder or intentional wounding...