The State v Sodom James Onau Aravi (2019) N7962

• Jurisdiction: Papua New Guinea
• Judge: Toliken, J
• Judgment Date: 17 July 2019
• Citation: (2019) N7962
• Docket Number: CR No 850 of 2016
• Court: National Court
• Year: 2019
• Judgement Number: N7962

Full Title: CR No 850 of 2016; The State v Sodom James Onau Aravi (2019) N7962

National Court: Toliken, J

Judgment Delivered: 17 July 2019

N7962

PAPUA NEW GUINEA

[IN THE NATIONAL COURT OF JUSTICE]

CR NO. 850 OF 2016

THE STATE

V

SODOM JAMES ONAU ARAVI

Alotau : Toliken, J.

2018: 11th November

2019: 15th March, 17th July

CRIMINAL LAW – Sentence – Murder – Plea - Prisoner kills wife with bush knife – Multiple injuries to head area and torso of deceased – Near worst case - Reasons for - Deceased arrogant and disrespectful toward prisoner – Prisoner reacts to lack of respect by in-laws – Aggravating factors considered – Vicious killing – Strong intention to cause grievous bodily harm – Multiple injuries – Prevalence of offence – Mitigating factors considered – Guilty plea – Co-operation with police – Early admissions – No prior convictions – Prior good character – Non-legal provocation – Appropriate sentence – 23 years time in pre-sentence detention - Criminal Code Ch. 262, s 300(1)(a).

Cases Cited:

Ure Hane v The State [1984] PNGLR 105

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

Goli Golu v The State [1979] PNGLR 653

Saperus Yalibakut v The State (2006) SC 890

Manu Kovi v The State (2005) SC 789

The State v James Peter Kenneth (2018) N7338

The State v Rende (2013) N5220

The State v Lom (2012) N4725

The State v Mareva (2012) N4805

The State v Makua (2002 N2240

The State v Morris Dowell Sasingako; CR NO. 43 of 2014 (Unnumbered and unreported judgment dated 23rd September 2016 at Alotau)

Counsel:

P Tusais and J Apo, for the State

N Wallis, for the Prisoner

JUDGMENT ON SENTENCE

17th July, 2019

1. TOLIKEN, J: On the afternoon of 27th of December 2015, Mollie Gwaugwauei James (Mollie) had left her son with her sister and went foraging for greens for her family dinner at Hagita Estates. Little did she not know that this will be the last time for her to hold and see her son, that it was her last time to forage for her family dinner and that she will never come home again to her loved ones. That afternoon she was brutally murdered by her husband - the accused, Sodom James Onau Aravi (Sodom).

2. They had an argument the previous day. During the argument her husband was heard saying to her that the next day when she goes out to collect greens criminals will rape and kill her and cut her body into pieces.

3. When she did not return home on 27th December 2015 her brothers went looking for her. They did not find her. Interestingly her husband, Sodom, also did not return to the room that was their family home that night either. Mollie’s badly mutilated and decomposing body was found two days later with multiple knife wounds all over her body. Sodom never joined Mollie’s family as they frantically searched for her. When her body was finally found under the oil palm trees he led a Security Guard to where he had hidden the knife he used to kill Mollie.

4. The Post Mortem Report by Dr. Siaelo Panta noted the following –

· A laceration cutting through the frontal bone and into the right eye socket exposing the right eye ball and brain matter

· A laceration measuring approximately of the parietal scalp, cutting down to involve the scalp

· Laceration of the posterior scalp at the occiput region measuring 3cm across and deep, reaching the bone but not fracturing it.

· Left Shoulder - A puncture of the left shoulder at the mid clavicle area, and 1cm above the clavicle measuring 2cm across. Deep and penetrating into the left lung cavity.

· Anterior Chest Wall - 3 x puncture wounds at the right breast measuring 2cm across penetrating deep into the breast tissue.

· Abdominal Area –

ü A puncture wound at the mid-abdomen, per—umbilical area. Blood also noted at the abdominal wall. The wound measuring 2cm across was deep and penetrating into the abdominal cavity.

ü 2 x puncture wounds at the left flank area measuring 2cm across, deep into the abdominal wall into the abdominal cavity

ü A penetrating wound at the right lower back deep into the muscle but not into the abdominal cavity.

· Right forearm – a single laceration across the anterior surface measuring 13cm

· Right thigh - Puncture wound at the anterior, upper surface 2cm across deep and penetrating to the bone.

5. A total of 13 lacerations were noted on Mollie’s body. Dr. Panta was of the view that the puncture wounds appeared to have been inflicted by a sharp pointed object such as a long knife or grass knife while the wound to the face appeared to have been inflicted by a heavy object such as axe or a bush knife. Mollie died from those lacerations inflicted on her.

6. What did Mollie do to deserve this killing? Sodom reveals in his Record of interview (Q & A 52) that he killed her because he was angry with her brother Edward for swearing at him. He further said in his Pre-sentence Report (PSR) that Mollie was never a good wife. She would leave the house when he goes off to work neglecting her household chores. He would come home from work tired and he’ll wash the dishes and cook and wash the children. Sometimes she would come home late and when he questions her where she’d been she’ll ask him what business it is of his to know. He said he’d often tell her that she was free to leave and marry an educated or a rich man. Her brothers did not respect him also. They would come around to his place drunk and would swear at him and cut the flower hedges around his place. They would also threaten to kill him if he were ever to go across to Awayama. These were the reasons he killed his wife Mollie.

CHARGE

7. The State indicted Sodom on 20th November 2018 for one count of murder pursuant to Section 300 (1)(a) of the Criminal Code Ch. 262, apparently after plea bargaining.

PLEA

8. The prisoner entered a guilty plea which I was satisfied was safe and convicted him. I then adjourned the matter to allow for a pre-sentence report to be filed. After the report was filed administered the allocutus and I heard submissions on sentence on 15th March 2019.

THE OFFENCE

9. The offence of murder carries a maximum penalty of life imprisonment subject to the Court’s discretion to impose a lesser sentence under Section 19 of the Code. It is trite of course that the maximum be reserved for the worst types of offending. Furthermore whatever the sentence is for a particular case will depend on the circumstances of the case. In other words the penalty must fit the crime – the principle of equivalence. (Goli Golu v The State [1979] PNGLR 653; Avia Aihi v The State (No. 3) [1982] PNGLR 92; Ure Hane v The State [1984] PNGLR 105).

ISSUES

10. I must therefore determine whether this is a worst case of murder deserving of the maximum penalty. If it is not, then what should be an appropriate sentence for the prisoner?

WHETHER WORST CASE

11. At the outset I must say that this is a near worst case when viewed objectively. It was a brutal merciless killing involving a strong intention to cause grievous bodily harm. There appears to have been some pre-planning involved. It involved the use of dangerous weapons – a kitchen and busk knife.

SENTENCING PRINCIPLES

12. The Supreme Court has over the years set guideline tariffs for wilful murder, murder and manslaughter. The current leading authority is Manu Kovi v The State (2005) SC 789. For murder the guidelines are as follows:

Category	Circumstances		Sentence
1.	Plea. Ordinary cases. - Mitigating factors with no aggravating factors -No weapons used - Little or no pre-planning - Minimum force used -Absence of strong intent to do GBH.		12 – 15 years
2	Trial or Plea.; Mitigating factors with aggravating factors - No strong intent to do GBH -Weapons used - Some pre-planning -Some element of viciousness		16 – 20 years
3	Trial or plea; Special Aggravating factors - Mitigating factors reduced in weight or rendered insignificant by gravity of offence Pre-planned Vicious attack - Strong desire to do GBH - Dangerous or offensive weapons used e.g. gun or axe - Other offences of violence committed.		20 – 30 years
4	Trial or Plea Special aggravating factor – No extenuating circumstances – No mitigating factors or mitigating factors rendered completely insignificant by gravity of offence – Pre-meditated attack – Brutal cold-blooded killing – killing in course of committing another offence – Complete disregard for life .	Life Imprisonment

SENTENCING TREND

13. The following cases are cited for the purpose of consistency.

14. The State v James Peter Kenneth (2018) N7338 (Numapo, AJ.): The offender there pleaded guilty for the murder of his wife over some marital issues. He met at the Lae Market and had an argument with her. They then got on a PMV and went home to Kamkumung where they fought. The...