The State v Kristan Soso
| Jurisdiction | Papua New Guinea |
| Judge | Polume-Kiele J |
| Judgment Date | 21 September 2015 |
| Citation | (2015) N6082 |
| Court | National Court |
| Year | 2015 |
| Judgement Number | N6082 |
Full : CR. 1419 OF 2014; The State v Kristan Soso (Prisoner) (2015) N6082
National Court: Polume-Kiele J
Judgment Delivered: 21 September 2015
N6082
PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]
CR. 1419 OF 2014
THE STATE
Prisoner
Kainantu/Goroka: Polume-Kiele
2015: 14, 31, July
2015: 21September
CRIMINAL LAW – Guilty Plea – Murder, Criminal Code Act, s 300 (1) (a) - Maximum penalty subject to Section 19 life imprisonment - Victim cut on the head and other parts of her body with a bush knife –Prisoner and victim - husband and wife relationship.
CRIMINAL LAW - Sentence - Early guilty plea - First time offender -Incarceration appropriate
CRIMINAL LAW – Sentence - Life imprisonment – Criminal Code Act, s 300 (1) (a) and Criminal Code Act, Section 19
Facts
The relevant facts put to the prisoner during arraignment which were consistent with his instructions to his defence counsel and also contained on the depositions for the plea of guilty were that: On the 16th June 2014, at Samura Village, Obura Wonenara in the Eastern Highlands Province of Papua New Guinea, the prisoner had murdered one, Bukiki Kristian. The prisoner is the husband of the deceased (victim). They had been married for about 25 years with five children (four girls and one boy) however, they started having family problems thereon and the prisoner became violent towards the deceased. On numerous occasions, the relatives of the deceased intervened and fought with him to stop him from being violent towards the deceased. At the relevant time, the prisoner beat his wife and had also chopped her on the right leg so the relatives took her away and left her with her big sister namely Cathy Bop at Samura Village. The deceased stayed with her big sister Kathy for almost a year. However on this fateful day, the prisoner came to the deceased’s sister place and thereafter chopped the deceased on her neck and body and as a result, died from the injuries sustained. The prisoner was charged with the murder of his wife contrary to s. 300 (1) (a) of the Criminal Code Act.
Held
(1) The maximum penalty for murder is life imprisonment under s 300 of the Criminal Code.
(2) The starting point for sentencing for this sort of killing is 16 to 20 years’ imprisonment (Manu Kovi v The State (2005) SC789 guidelines considered).
(3) Mitigating factors: he is a first-time offender, has co-operated with the police and entered an early plea.
(4) Aggravating factors: a premeditated attack; a vicious attack, there was a strong desire to inflict grievous bodily harm; the use of an offensive and lethal weapon, a bush knife.
(5) A sentence of life imprisonment imposed.
Cases Cited
Avia Aihi v The State [1982] 92
State v Carol Alfred [2009] N3602
Goli Golu v The State [1979] PNGLR 653
Joseph Ann v State (2004) SC 742
John Kalabus v The State [1988] PNGLR 193
Kepa Wenege v State (2004) SC 738
State v Komboni [2015] PNGS 63, (17 June 2015) N5991)
Kuri Willie v The State (1987) PNGLR 298
Lawrence Simbe v The State [1994] PNGLR 38
State v Lawrence Mattau (2008) N3865
Manu Kovi v The State [2005] PGSC 34; SC 789
Max Java v State (2002) SC 701 (unreported)
Mary Bomai Michael vs. the State (2004) SC737)
State v Mavis Uraro (2012) N5164
State v Paege and Tanda [1994] PNGLR 65
Paulus Mandatitip and Anor -v- The State [1978] PNGLR 128
SCR No 1. Of 1984: Re Maximum Penalty [1984] PNGLR 418
Steven Loke Ume & Ors v The State (2006) SC836
Thress Kumbamong v. The State (2008) SC 1017
State v Taulaola Pakai (2010) N4125
State v Tiun [2001] PGNC 79; N2129 (30 April 2001)
Ure Hane v The State [1984] PNGLR 105
Counsel:
Ms. Barbara Gore, for the State
Mr. John Biki, for the Prisoner
JUDGMENT ON SENTENCE
21st September, 2015
1. POLUME-KIELE J: The prisoner, Christan Soso appeared before me on the 14th of July 2015 charged for one count of murder contrary to s.300 (1) (a) of the Criminal Code Act. The prisoner by his own guilty plea admitted to the charge of murder. The maximum penalty for murder subject to s 19 of the Criminal Code Act, is imprisonment for life.
2. Section 300 of the Criminal Code provides as follows:
“Section 300 - MURDER
(1)
(a) if the offender intended to do grievous bodily harm to the person killed or to some other person;
Penalty: Subject to Section 19, imprisonment for life.
(2) In a case to which Subsection (1) (a) applies, it is immaterial that the offender did not intend to hurt the particular person who was killed.
Committal Court Disposition
3. The Kainantu District Court Deposition was tendered into evidence by consent which comprised of the following:
(i) The Record of interview both the original Pidgin and English Version conducted on 27th of June 2014, CR 27 of 2014; marked as Exhibit "A" relating to the defendant Christan Soso during which he admitted to using a bush knife to kill one namely Bukiki Kristan on the afternoon of Monday, 16th of June 2014 at about 3.00 p.m. at Samura Village, Obura-Wonenara.
(ii) The Statements of State witnesses namely Sinder Nitaie dated 26th June 2014 of Samura Village; Cathy Bop dated 26th June 2014 of Samura Village; Eldon Raphael dated 26th June 2014 of Obura Primary School and Oki Memaru dated 26th June 2014 of To’okena Village, who all respectively confirmed the identity of the prisoner and his demeanour during and following the commission of the offence. Included in the Deposition was the statement of Police Constable William Melyauen, dated 27th of June 2014 and Detective Senior Constable Johnson Bunawa Joseph dated 27th June 2014 who conducted the Record of Interview and finally, also included in the Court disposition is the Incident Report dated 16th June 2014 with photographs of the victims lifeless body with the head almost severed from the body.
4. Upon the reading of the Committal Court dispositions and being satisfied that the evidence contained in the dispositions supported the charge, the prisoner’s guilty plea was accepted and the prisoner was convicted on the charge of murder prescribed under s 300 (1) (a) of the Criminal Code.
Pre-Trial Detention
5. The prisoner was remanded on the 30th of June 2014 and has been held in custody for a period of 1 year 2 months 22 days to the date of this decision on sentence.
Allocutus
6. Upon arraignment, the prisoner was given the opportunity to speak on the question of penalty. In administering the allocutus, the prisoner said that he was sorry to God and this Court for killing his wife. He is also sorry for his children aged between 2 and 14 years who he left behind. The prisoner also asked for leniency from the court. The prisoner stated that this is his first time in court and is worried about the welfare of his children and also his aging parents who have no one to take care of them. He also stated that this problem started with his step-daughter who was taken away by his late wife’s people which made him angry.
7. Counsel for the prisoner, Mr. John Biki submitted that this is case involving family circumstances and thus requested that the Court direct that a Pre-Sentence Report (PSR) and Means Assessment Report (MAR) be prepared on behalf of the prisoner by the Community Based Corrections Officer (Probation Officer), Kainantu for purposes of assisting this court determine the severity of penalty. In response to this request, the Court directed that the Probation Officer, Kainantu prepare these Reports and have it filed prior to the 31st of July 2015 for consideration.
Pre-Sentence Report
8. The Community Based Corrections Officer, Mr Bennet Amuino has in response to this direction prepared the Pre-Sentence Report and Means Assessment Report which are now available before this court. According to the Pre-Sentence Report, the prisoner is about 30 years old, married with five children (four of his own and one step-child, a daughter aged 14 years. The prisoner had been married to the deceased for about 20 years. The prisoner is a member of the Evangelical Brotherhood Church (EBC). The prisoner comes from To’okena, Obura Wonenara, Eastern Highlands Province. He was educated up to Grade 6 level. The prisoner comes from a family of nine (9), six sisters and two brothers. All his sisters are married. The prisoner is the 7th child in the family and his youngest sibling, is doing grade 7 at To’okena Primary School. His parents although very old are still alive and also living in To’okena Village. The prisoner earns his living by subsistence farming. The prisoner appears to be in good health and remorseful for what he had done to his wife, the deceased. He asked that he be placed on probation so that he can go back to the village and look after his children and educate them. With regard to the prisoner’s suitability for rehabilitation back into the community, this aspect of the assessment was not carried out. This is due to the fact no member of his community were available for consultation. Similarly, no...
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