State v Tangon [1989] PGNC 16; N752 (24 August 1989)

Unreported National Court Decisions

N752

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

CR.65 OF 1989
THE STATE
V
EREM TANGON

Wabag

Brunton J
24 August 1989

CRIMINAL LAW - Criminal Code ss 300 - Murder - Sentencing Principles - Judgement On Sentence.

Sentence:

4 years in hard labour

Cases Cited:

The State v. Eddie Kava Laura [1989] National Court Unreported Judgement N693.

Counsel:

Mr Everingham, for the State

Mr. Takin, for the Accused

BRUNTON AJ:

THE OFFENCE

The accused pleaded guilty that on the 25th day of October, 1988 she murdered one Sakam Pyaso contrary to section 300 of the Criminal Code.

THE FACTS

The accused and deceased were first and second wives respectively, both married to the same husbane. Prior to the murder of the deceased there has been an on-going internal marital problem between the accused, and deceased and the husband.

On the day the murder took place, the deceased was sitting with two other persons namely Anji Minao and Nekeni Pupu under the shade of a trade store, breast-feeding her baby. The accused ran up behind the deceased and using a pocket-knife stabbed the deceased on the right side of the neck. The deceased died instantly as a result of the stabbing.

The post-mortem report done by Annabelle Nones M.O. Medical Officer at Mambisanda Hospital, Wapenamanda, showed that the cuase of death resulted from severe hemorrhage.

FACTORS IN FAVOUR OF THE ACCUSED ON SENTENCE

The accused pleaded guilty. She is a first offender and showed genuine remorse on the death of the deceased. On the allocutus she had this to say:

“I did not mean to kill her but I did it to give her punishment, not to take her life away.”

She had a genuine grievance against the husband and the second wife in that the husband had paid no bride-price, and he showed more attention to the second wife.

The second wife had stabbed the accused on a previous occasion and had not paid or made any attempt to pay compensation. A complex build-up of pressure lowered the accused’s self-esteem and put her in a position where she almost had to attack the second wife, which in fact she eventually did.

Finally, she has a six year old son, her mother died sometime back, leaving her father who has since become sixk depended upon her.

FACTORS AGAINST ACCUSED ON SENTENCE

The only factor I find against the accused is that she struck a single knife blow to the throat resulting in the death of the deceased. The blow was delivered whilst the deceased was facing the other way and feeding her baby. It is apparent that this type of killings by women is prevalent in the Enga Province.

THE SENTENCE

In the State v. Eddi Kava Laura [1989] National Court Unreported Judgment No.693, His Honour Kidu, CJ in discussing the range of sentencing for murder said:-

“I consider that a murder case with no special aggravating factors where the accused pleads guilty should attract a sentence of 6 years. Where a sentence of less than 6 years is imposed I believe that it should only be in a case where there are special mitigating factors.....”

In the case of the State v. Ted Abiari National Court Unreported Judgement CR.632/88, His Honour citing the case of The State v. Eddie Kava Laura went on to say:-

“There are other circumstances which could apply to reduce the sentence to below 6 years”.

In this case taking into account the complex customary pressure on the prisoner, and the substance of her grievances which she could not alleviate through the village court system to enforce her customary rights, I find that circumstances exist which allow me to impose a sentence lower than six years.

I sentence the prisoner of four years imprisonment, less the time she has spent on remand, which is ten months. She is to serve an additional three years and two months for the commencement of this sittings, which was the 4th of August, 1989. She is to serve her sentence in light labour.

Lawyer for the State: The Public Prosecutor

Lawyer for the Accused: The Public Solicitor