The State v Jonathan Sepo (2013) N5079

• Jurisdiction: Papua New Guinea
• Date: 20 February 2013
• Citation: (2013) N5079
• Docket Number: CR. NO.196 OF 2012
• Court: National Court
• Year: 2013

Full Title: CR. NO.196 OF 2012; The State v Jonathan Sepo (2013) N5079

National Court: Lenalia, J

Judgment Delivered: 20 February 2013

CRIMINAL LAW—Sexual offences—Sexual penetration of minor—Aggravations—Under age victim—Age 13 years—Penetration of minor and underage child—Plea—Matters for consideration—Sentence—Criminal Code (Sexual Offences and Crimes Against Children) Act 2002 s229 (A) (1)

CRIMINAL LAW—Sexual offence—Penetration of child under 16 years—Substantial age differences—No pattern of abuse - Aggravation—Punitive and deterrent sentence called for—Sentence of 5 years appropriate fully suspended with conditions.

Cases cited.

State v Thomas Angup (2005) N2830; The State v Peter Lare (2004) N2557; The State v Kaminiel Okole (2006) N3052; The State v Pennias Mokei (No 2) (2004) N2635; The State v Kemai Lumou (2004) N2684; The State v Eddie Trosty (2004) N2681; The State v Biason Benson Samson (2005) N2799; The State v Titus Soumi (2005) N2809; The State v George Taunde (2005) N2807; The State v John Ritsi Kutetoa (2005) N2814; The State v Ndrakum Pu–Uh (2005) N2949; The State v Danny Makao (2005) N2996; The State v Tiama Esrom (2006) N3054; Stanley Sabiu v The State (2007) SC866

SENTENCE

1. LENALIA, J: The prisoner entered a guilty plea to one count of sexual penetration pursuant to s229A (1) an offence under of the Criminal Code (Sexual Offences and Crimes Against Children) Act 2002. The offence was aggravated by the age of the victim who at the time of the commission of the offence was at the age of 13 years. I quote the whole Section because it carries the message of how serious the offence of sexual penetration of underage girls is and secondly, those provisions provide for the maximum penalty of life imprisonment. The above provision states:

“(1) A person who engages in an act of sexual penetration with a child under the age of 16 years is guilty of a crime.

Penalty: Subject to Subsections (2) and (3), imprisonment for a term not exceeding 25 years.

(2) If the child is under the age of 12 years, an offender against Subsection (1) is guilty of a crime and is liable, subject to Section 19, to imprisonment for life.

(3) If, at the time of the offence, there was an existing relationship of trust, authority or dependency between the accused and the child, an offender against Subsection (1) is guilty of a crime, and is liable, subject to Section 19, to imprisonment for life.”

Facts

2. When the victim made her statement to the police, she gave an account of what happened to her on 27th October 2011. She was sleeping in her parents’ house and when the prisoner came to the house of Anita he saw the victim sleeping. After being to that house he came to where the victim was sleeping and invited her to come to his house to get a betel nut. The victim obeyed and followed the prisoner to his house. She climbed up onto the verandah to the prisoner’s house and sat down. He gave her betel nuts and she chewed.

3. While she was sitting on the steps, the prisoner asked her to scratch his back. The victim got up and told the prisoner that, he had children there and he should ask them to scratch his back. He walked into his house and when he returned he lifted the victim up and carried her into his house where he placed her on a mattress and put a blanket over her mouth then sexually penetrated her.

4. The Health Extension Officer at Keravat Rural Hospital who examined the victim a day after the incident said the vagina:

• Was open,

• Could admit one or two fingers,

• There was redness and blood seen on the vulva,

• No sperm was seen as she had had a wash prior to being medically examined.

Allocutus

5. In his address on his last say, the prisoner said sorry to the victim and her family. He said sorry to the Almighty God, to the Court and his community. He said, he is married with five children, three of them in school two of whom are in Primary school while one is in Elementary and two have not gone to school because they are small. He asked for leniency on sentence.

6. Mr. Kerker spoke to his written submission and submitted the...