The State v Robin Taria

• Jurisdiction: Papua New Guinea
• Judge: Kawi-iu, AJ
• Judgment Date: 30 October 2014
• Citation: (2014) N5928
• Court: National Court
• Year: 2014
• Judgement Number: N5928

Full : CR 682 OF 2014; The State v Robin Taria (2014) N5928

National Court: Kawi-iu, AJ

Judgment Delivered: 30 October 2014

N5928

PAPUA NEW GUINEA

[IN THE NATIONAL COURT OF JUSTICE]

CR 682 OF 2014

BETWEEN

THE STATE

V

ROBIN TARIA

Arawa: Kawi-iu, AJ

2014: 21, 24, 30 October

CRIMINAL LAW – Sentence – Murder – Prisoner stabbed deceased with kitchen knife – Fatal wound to the heart - Intention to cause grievous bodily harm - Criminal Code Act Ch. 262, s 300 (1)(a).

CRIMINAL LAW - Sentence – Mitigating factors – First time offender – De facto provocation – Expression of remorse – Minimal force used – No pre-planning – Aggravating factors – Use of offensive and dangerous weapon – Prevalence of offence

CRIMINAL LAW – Sentencing tariffs considered – Guideline sentences considered – Sentence of 13 years less period of pre-sentence custody – Partial suspension considered appropriate in the circumstances – Criminal Code Act Ch. 262, s 19.

Cases Cited

The State v Amos Young (2008) N3548

The State v Angeline Winara (No. 2) (2008) N335

Avia Aihi v The State (No 3) [1982] PNGLR 92.

State v Joe [2005] PGNC 127; N2832 (10 May 2005

Mangi v The State (2006) SC 880

State v Mangi (No 1) [2005] PGNC 10; N2992 (11 October 2005)

Manu Kovi v. The State (2005) SC 789

The State v Nathan Bobi (No. 2) (2009) N3675

State v Parao (2009) N3625

Simbe v The State [1994] PNGLR 38

Taiba Maima v Sma [1971-1972]PNGLR 49

State –v- Tupis Tom No: 2 (2009) N3675

State v Wakore (2007) N3222

Counsel:

J. Waine, for the State

F. Kirriwom, for the Accused

SENTENCE

30th October, 2014

1. KAWI-IU, AJ: Robin Taria, you are charged that on the 04th day of October 2013 at Boria/Morgan Road junction, Arawa, AROB you murdered one Angelin Boran.

2. You pleaded guilty to the charge. I confirmed your plea after perusing the District Court committal depositions and finding that the evidence supported your plea. Your lawyer informs the court that the plea is consistent to his instruction.

BRIEF FACTS

3. You pleaded guilty to the following facts: You have two wives; the deceased was your second wife, a school teacher at the time of her death. In the late night of 4th October 2013 somewhere about 11.00 pm you were dropped off by a friend on the road leading to your house at Boira/Morgan Road junction. You were drunk and unstable at the time. There the deceased met you, who had come to meet and take you home. However at that time an argument erupted leading into a fight. The fight got serious, and you beat your wife badly where she sustained fatal injuries to her body. She died as a result of her injuries.

4. State alleged that you intended to cause grievous bodily harm to the deceased.

ISSUES

5. The main issue for me to determine is what an appropriate sentence for you should be. This will depend on various factors such as the facts surrounding your case, your antecedents, mitigating and aggravating factors and the sentencing trend in this type of cases. These, I propose to discuss in this short judgment.

ANTECEDENTS

6. You are 39 years old and come from Matana village, Boira. You have no prior convictions.

ALLOCUTUS

7. In your address to the court on sentence, you told the court that you are sorry for what you have done and you know that was wrong. You say sorry to all the people, the family of the deceased and your own family. You also say sorry to the court, judge and heavenly father. You asked for the court to be merciful to you. You then asked the court to put you on probation.

SUBMISSIONS

Defence

8. Your lawyer Mr. Kirriwom submits to the court that you pleaded guilty to the charge and thus have the overall effect of saving court’s time and other resources which would have incurred had this case gone to trial. The offence is punishable by life imprisonment; however he has asked the court to exercise its discretion under section 19 of the Criminal Code to consider other forms of punishment. Your highest level of education is Grade 3. The deceased is your second wife and has no children from you. You have 3 children from your first wife whose ages are 15 years, 10 years and 6 years. You are a self-trained boiler maker and were employed by Dekenai at the time of this incident. Your lawyer told this court that you have been a good sportsman and have represented PNG on many occasions both locally and internationally in the sport of boxing. You were earning about K200.00 from your employment prior to this incident. Your family will suffer as a result, an event which no doubt you now regret.

9. Your lawyer submits to this court that you are appearing in court for the first time, and therefore a first time offender. You have expressed genuine remorse. You plead guilty to the charge.

10. Your lawyer also submits certain matters that appear to be against you. These he told the court that the nature of the deceased death shows that you have a strong intent to cause bodily harm to the deceased. You were under the influence of intoxicating liquor as noted from your admission in the record of interview. Your lawyer conceded to the fact that offence of murder is prevalent in Papua New Guinea.

11. Your lawyer Mr. Kirriwom referred the court to the case of Manu Kovi v. The State (2005) SC 789 where the Supreme Court had set sentencing guidelines and tariffs for homicide offences. He submitted that the circumstances of your case fall between Category 1 and 2 of the Manu Kovi tariffs which attract a sentence ranging between 16 - 20 years. He submits that the offence was committed in the spur of the moment, and no pre-planning was involved. The offence took place in a domestic setting. He therefore submits that taking aggravating and mitigating factors into account a sentence of between 12 -15 years would be appropriate in the circumstance, subject to section 19 of the Criminal Code.

State’s Submission

12. State after noting aggravating and mitigating factors, submits that the prisoner had a strong intention to cause grievous bodily harm to the deceased.

13. Although no broken bones was caused to the deceased body, there were other serious injuries present, notably eight (8) deep wounds caused by sharp object on the facial area and scratches sustained to both cheeks.

14. Swollen face due to multiple wounds on the face, scratches on both elbows and right knee showing that she had been dragged by someone. Apart from the kicks and punches on the deceased it was highly probable other instruments may have been used to wound the deceased resulting in her death as reported in the Medical Report. Prisoner was a professional boxer; however the nature of the injuries sustained is not consistent with punches.

15. The Court was referred to the case of State v Mangi (No 1) [2005] PGNC 10; N2992 (11 October 2005) and Manu Kovi v. The State (2005) SC 789.

16. Counsel submitted that the decision in Manu Kovi which was decided in 2005 be reviewed to reflect the circumstances of today. He submits that the present case would attract a sentence of 30 years subject to section 19 of the Criminal Code.

THE LAW

17. The crime of murder is created by Section 300 of the Criminal Code Act Ch. 262 which also prescribes those circumstances that constitute the crime and the penalty. You were charged under Section 300 (1) (a) which provides:

300. Murder.

(1) Subject to the succeeding provisions of this Code, a person who kills another person under any of the following circumstances is guilty of murder:—

(a) if the offender intended to do grievous bodily harm to the person killed or to some other person; or

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Penalty: Subject to Section 19, imprisonment for life.

18. Murder is the second most serious category of homicide offences after wilful murder and thus appropriately attracts life imprisonment. This is a reflection of the value to which society through the State values the sanctity of life.

SENTENCING TREND

19. Some of the cases that this court has dealt with in order to gauze the attitude of the court and to assist me in determining what an appropriate sentence for you should be.

#	Case	Particulars	Sentence
1	Mangi v. The State (2006) SC 880	Trial – Prisoner and deceased argued while drinking together – Prisoner stabbed deceased on chest with a knife – Found guilty	Sentenced to 35 years - Sentence reduced to 16 years on appeal
2	Simbe v The State [1994] PNGLR 38	Plea – Prisoner believed that deceased was enticing his wife – Attacked him with a bush knife, inflicting a substantial chest wound...