The State v Yunati Epa (2008) N3309

• Jurisdiction: Papua New Guinea
• Date: 12 March 2008
• Citation: (2008) N3309
• Docket Number: CR NO. 154 of 2008
• Court: National Court
• Year: 2008

Full Title: CR NO. 154 of 2008; The State v Yunati Epa (2008) N3309

National Court: Kandakasi, J

Judgment Delivered: 12 March 2008

DECISION ON SENTENCE

CRIMINAL LAW—Sentence—Particular offence—Arson—Burning down of a semi permanent dwelling house—Provocation in the non-legal sense—Total value of building and contents K9,000.00—Guilty plea by first time offender—Pre-sentence report recommending non custodial sentence on conditions including restitution—Prisoner has means to restitute - Head sentence of 3 years imposed wholly suspended on conditions—Criminal Code s346.

Cases cited:

The State v Andrew Yeskulu [2003] PNGLR 27; The State v. Bart Kiohin Mais and Henry Kevi (23/03/05) N2811; The State v. Peni Bilak (21/07/05) N2866; The State v. Bob Wamu & 34 Ors CR NO. 510, 539, 648, 649, 650, 651 & 652 of 2006 (Unreported and yet to be numbered decision delivered in Daru on 15/06/07); Rudy Yekat v. The State (22/11/01) SC665.

12 March, 2008

1. KANDAKASI J: You pleaded guilty to a charge of arson contrary to s. 346 of the Criminal Code, and I had you convicted on the basis of your guilty plea and received yours and that of your lawyer’s as well as the State’s address on sentence.

Relevant Issue

2. What remains to be resolved is the question of what is an appropriate sentence for you. This issue can be resolved by reference to the relevant facts, the offence and sentencing trend or tariffs, the factors operating for and against you and your family and personal background.

Relevant Facts

3. I turn firstly to a consideration of the facts and note that the facts giving rise to the charge, your guilty plea and your conviction are these. You originally come from, Lian Village, in the Kandep District of Enga Province, but now leave here in Tabubil. On 10 December 2007, you went to Gilson Lam, your brother through marriage’s house a semi permanent house consisting of corrugated iron roofing and the rest bush material. The house was situated at seventh corner here in Tabubil, where you also lived in with your children and wife who is the sister of Mr. Lam’s wife. Mr. Lam and his wife had on three different occasions, sent your wife and children away to Oksapmin, where your wife comes from. On one of those occasions, one of your children got fire burns to her body. So since than, you have become worried and concerned over the safety of your wife and children. Also on the previous occasions, you incurred costs bringing your family back from Oksapmin to Tabubil. You therefore, asked Mr. Lam and his wife not to send your wife and children away and warned that, you will take action against them if they do. They did not take you seriously and sent your wife and children away to Oksapmin where your wife comes from for the fourth time. That caused you to be angry so you went to Mr. Lam’s house and burnt it down with its contents. The total of all that you burnt is put at K9,000.00.

4. Immediately after burning down the house, you reported the matter to police here in Tabubil and surrendered yourself to them. From that day on, you continuously admitted to burning down the house and the reason for doing that. You are also prepared to restitute if the Court is able to give you time to do that. You have a motor vehicle which you are willing to sell to help restitute what you destroyed. Also, if need be, you will use income from a canteen in Kiunga which brings in K900 per month.

Offence and Sentencing Trend

5. With these facts in mind, I turn to a consideration of the offence and the sentencing trend and guidelines. Section 346 of the Criminal Code, creates and prescribes the sentence of life imprisonment for the offence of arson and its penalty of life imprisonment. This is however, subject to the Court’s discretion...