John Aubuku v The State [1987] PNGLR 267

• Jurisdiction: Papua New Guinea
• Citation: [1987] PNGLR 267
• Date: 29 July 1987
• Court: Supreme Court
• Year: 1987

Full Title: John Aubuku v The State [1987] PNGLR 267

Supreme Court: Bredmeyer J, Los J, Hinchliffe J

Judgment Delivered: 29 July 1987

1 Criminal law—appeal against sentence—rape—principles of sentencing for rape

2 CRIMINAL LAW—Sentence—Rape—Guidelines—Different kinds of rape—Aggravating circumstances—Mitigating factors.

3 CRIMINAL LAW—Sentence—Rape—Police officer raping woman held in custody—Threat of bush knife used—Sentence of 10 years affirmed.

The following guidelines are to be taken as appropriate to sentencing for rape:

(1) the offence is a serious crime which is to be punished by an immediate punitive custodial sentence other than in wholly exceptional circumstances;

(2) for rape committed by an adult without any aggravating or mitigating features, a figure of five years should be taken as the starting point;

(3) for rape committed by two or more persons acting together, or by a person who has broken into or otherwise gained access to a place where the victim is living, or by a person who is in a position of responsibility towards the victim, or by a person who abducts the victim and holds her captive, the starting point should be eight years;

(4) for rape committed as part of a concerted campaign, where the accused represents more than an ordinary danger, a sentence of 15 years or more may be appropriate;

(5) for rape committed in circumstances which manifest perverted or psychopathic tendencies or gross personality...