The State v Sottie Apusa [1988–89] PNGLR 170

• Jurisdiction: Papua New Guinea
• Citation: [1988–89] PNGLR 170
• Date: 22 May 1989
• Court: National Court
• Year: 1989

Full Title: The State v Sottie Apusa [1988–89] PNGLR 170

National Court: Brunton AJ

Judgment Delivered: 22 May 1989

1 Criminal law—sentencing principles—unlawful carnal knowledge of a girl under 16—victim prisoner's step–daughter—plea of guilty

CRIMINAL LAW—Unlawful carnal knowledge of girl under 16 years—Sentencing principles—Appropriate tariffs—Criminal Code (Ch262), s216(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 (Ch262), s216(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 s216(a) of the Criminal Code (Ch262) 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 stepfather/uncle relationships.

Held:

On a plea of guilty to six charges of unlawful carnal knowledge of a girl under 16 years contrary to s216(a) of the Criminal Code...