The State v Junior Apen Sibu (No 2) (2004) N2567

• Jurisdiction: Papua New Guinea
• Citation: (2004) N2567
• Date: 25 March 2004
• Court: National Court
• Year: 2004

Full Title: The State v Junior Apen Sibu (No 2) (2004) N2567

National Court: Kandakasi J

Judgment Delivered: 25 March 2004

1 CRIMINAL LAW—Sentence—Rape of 10 year old girl—Breach of trust—Conviction after trial—No remorse—First time young offender—Criminal Code s347(1) and Criminal Code (Sexual Offences and Crimes Against Children) Act 2002, s2.

2 James Mora Meaoa v The State [1996] PNGLR 280, John Aubuku v The State [1987] PNGLR 267, Thomas Waim v The State (1997) SC519, Lawrence Hindemba v The State (1998) SC593, The State v Eddie Peter (No 2) (2001) N2297, The State v Kunija Osake (2003) N2380, The State v Pais Steven Sow (2004) N2588 referred to

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Kandakasi J: This Court found you guilty on one charge of raping a 10 year old female (named) at Musu here in Vanimo on 24 March 2003.

The facts are fully set out in the judgment on verdict. For the purposes of sentencing, I note the following facts are relevant:

· You persuaded a group of children including the victim to go and collect dry coconuts with you.

· On return, you let the other children go and grabbed the victim, and shut her mouth with your hand

· You then took her into the bush and raped her.

· She suffered no physical injuries except for absence of her hymen.

· You are related to the victim as an uncle.

The Offence

S347 of the Criminal Code, creates and prescribes the offence of rape. It carries the maximum penalty of life imprisonment. What you did to the victim is an offence not only against her, her family and relatives but also against all young girls, women, and the community in this province and the whole country of Papua New Guinea. There is already danger out there in the streets and highways of our beautiful country because of people like you. Therefore, it is very important that parents, relatives, friends, wantoks and people living in the same locality help look after and protect our women, children and girls. It follows therefore that, when a crime is committed against another by a wantok, friend, parent, relative or someone living in the same community, it is very serious because our sense of belonging and security is under attack.

Indeed, the Supreme Court acknowledged that position and confirmed a sentence of 14 years in James Mora Meaoa v The State [1996] PNGLR 280. The Court there held that, a breach of a position of trust is an aggravating factor in sexual offences and warrants heavier sentence. It also held that positions of trust are not limited and may extend to de facto situations such as a vehicle or boat operator and his passengers.

In your case, the victim was a niece to you. Then from the rest of the evidence on file, it seems you lived in the same village. Therefore, your relationship was much closer than the...