The State v Maritin Bomb Geruye

• Jurisdiction: Papua New Guinea
• Judge: Miviri J
• Judgment Date: 11 June 2024
• Neutral Citation: N10862
• Citation: N10862, 2024-06-11
• Counsel: J. Kesan for the State,R. Mangi for the Defendant
• Docket Number: CR No. 1105 OF 2021
• Hearing Date: 10 June 2024,11 June 2024
• Court: National Court

N10862

PAPUA NEW GUINEA

[IN THE NATIONAL COURT OF JUSTICE]

CR No. 1105 OF 2021

The State

v.

Maritin Bomb Geruye

Minz: Miviri J

2024: 10^th & 11^thJune

CRIMINAL LAW — PRACTICE AND PROCEDURE — Manslaughter S302 CCA — Plea — Deceased Neck Cut with Bush knife — Instant Death — Attack on Public Road — Allegation of Sorcery Over Death of Relative — Unlawful Action — Neck and Cervical Vertebrae Severed — Instant Death — First Offender — strong deterrent sentence — Prevalent Offence — 19 years IHL.

Facts

Accused cut the neck of Deceased over allegation of Sorcery killing him instantly.

Held

Guilty plea.

First time offender.

Protection of Life

Prevalent Offence

18 years IHL

Cases:

1.Avia Aihi v The State (No 3)[1982] PNGLR 92(5th March 1982).

2.Kairi v The State[2006] PGSC 8; SC831 (28 April 2006).

3.Kovi v The State[2005] PGSC 34; SC789 (31 May 2005).

4.Lialu v The State[1990] PGSC 16; [1990] PNGLR 487(30 November 1990).

5.Lawrence Simbe vs. The State[1994] PNGLR 38.

6.Kumbamong v State[2008] PGSC 51; SC1017 (29 September 2008).

7.State v Hurotove[2017] PGNC 114; N6754 (5 June 2017).

8.Tapi v The State[2000] PGSC 2; SC635 (30 March 2000).

9.State v Walus[2005] PGNC 147; N2802 (25 February 2005).

10.Marangi v The State[2002] PGSC 15; SC702 (8 November 2002).

11.State v Hagei[2005] PGNC 60; N2913 (21 September 2005).

12.Tardrew, Public Prosecutor[1986] PNGLR 91(2 April 1986).

13.Acting Public Prosecutor v Mailai[1981] PGSC 7; [1981] PNGLR 258(31st July 1981).

14.Public Prosecutor v Hale[1998] PGSC 26; SC564 (27 August 1998).

15.State v Kapoi[2021] PGNC 181; N9021 (13 August 2021).

16.State v Kolokolo[2021] PGNC 74; N8849 (26 February 2021).

17.State v Tony[2017] PGNC 125; N6774 (21 April 2017).

18.State v Nicholson[2016] PGNC 247; N6442 (25 July 2016).

19.State v Kande[2021] PGNC 251; N9104 (2 September 2021).

Counsel:

J. Kesan for the State

R. Mangi for the Defendant

Public Prosecutor: Lawyer for the State

Public Solicitor: Lawyer for the Defendant

SENTENCE

11^th June 2024.

1.Miviri J: Martin Bomb Geruye of Banzamil village, Banz, Jiwaka Province appears to be sentenced for Manslaughter of Miling Suwi after pleading guilty to the Indictment pursuant to section 302 of the Code.

2. He pleaded guilty that on 05^th day of March 2021 at Banzamil village, Banz, Jiwaka Province he cut the neck of Miling Suwi who was at the funeral at Banzamil. The deceased there was his uncle one Peter Kiss. It came out there that wife of the deceased had committed adultery with the deceased who was responsible through Sorcery for the death of the deceased. He saw the deceased accompanied by his wife and brother escorting him away after being assaulted at the funeral gathering. He was armed with a bush knife that he swung at the back of the neck of the deceased cutting him. Then left him and ran away. Deceased walked a few meters away collapsed onto the ground and died. He was pronounced dead upon arrival at the Hospital and left in the morgue.

3. The charge is pursuant to section 302 of the offence of Manslaughter which is in the following terms, “A person who unlawfully kills another under such circumstances as not to constitute wilful murder, murder or infanticide is guilty of manslaughter.

Penalty: Subject to Section 19, imprisonment for life.”

4. The prisoner could be sentenced to the maximum of life imprisonment for the offence. Which draws if his offence is of the worst case of its kind, Avia Aihi v The State (No 3)[1982] PNGLR 92(5^th March 1982). It is one of the most serious offences of manslaughter but not the worst. So, the maximum penalty of life imprisonment will not flow. But surely a determinate term of years will be accorded his facts and circumstances. Which is the balance proportionate after consideration of all mitigating, aggravating, and any extenuating circumstances. What remains outstanding and bold at the outset is the fact that the deceased was cut with a bush knife to the neck, severing the cervical vertebrae as set out by the medical report dated the 09^th March 2021. The words of Doctor Peter Kolkia at the Mt Hagen Hospital state that, “(a) High Cervical Spinal Injury and Haemorrhoid Shock. (b) Bush knife wound to the Left Neck.” That medical report is an attachment to the affidavit by the Doctor dated 09^th March 2021. It shows instant death of the deceased because of that injury. It is gruesome detailed out by the photographs that the police have reproduced of the extent of the injuries taken off by the police informant who collected. The neck is cut in a zagged cut around just at the base where it meets the shoulders under the right ear. It severed the cervical spine C3 and C4 extending the right edge of the vertebral body. It is independent evidence of the extent of the force that was exerted in the bush knife that the prisoner used on the neck of the deceased. The left vertebrae artery and internal carotid artery were both severed including the spinal code. It details out the massive blood loss that is set out by the doctor. These are the details in the postmortem report dated 09^th March 2021 conducted 1529hrs by Doctor Peter Kolkia of the Mt Hagen Provincial Hospital. Which dates death as of the 05^th March 2021. The deceased was Miling Siwi aged 42 years old.

5. The law has been breached in the death of the deceased, which impact does not show similar as Kairi v The State[2006] PGSC 8; SC831 (28 April 2006). There is no justification either in fact or law for the actions of the prisoner. And it is perpetrated on a public area as he left from the funeral after fighting that happened there. It is concentrated to an extent where it can be termed a determined effort to eliminate the deceased. Because the actions of the prisoner follow and earlier attack by others at the funeral. It was not content that he was assaulted by the others but that the prisoner also set out as is set out above. Which is serious aggravation when a fellow human being is set out in this way. Because it is defiance of the rule of law. Particularly given that the prisoner is educated to university level at the Divine Word University where he was going to do third year physiotherapy. He had no excuse for the way that he behaved. It is a reoccurring and very prevalent offence that calls for the protection of life...