State v Taisa [1999] PGNC 111; N1909 (31 December 1999)

Unreported National Court Decisions

N1909

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

CR NO. 586 OF 1999
THE STATE
AGAINST
CATHRINE IWAI TAISA

Goroka

Kirriwom J
5 August 1999
20 August 1999
31 August 1999

Counsel

Mrs C. Ashton-Lewis for the State

Mr M. Apie’e for the Prisoner

31 August 1999

SENTENCE

KIRRIWOM J: risoner pleaded guilty to y to the unlawful killing of the deceased Betty Gavendas on the 26th day of March 1999.

The prisoner’s husband was having an affair with the deceased. Sarnt about this somehow ahow and on the day of this trouble she saw them together amongst a gambling crowd at the Kunai Club, Fimito Road, Goroka. She walp to eceased and stnd stabbed her in the back once with a kh a kitchen knife. The deceased was rushethe the hospital but she due to excessive loss of blood. The per’s explanationation was that the&#1he deceased w60; ruining arriage and tand the well being of her children by fooling aroundround with her hd an wan; wanted to into inflict painer an cause her death. She sae wahe was sors sorr sorry thry that the end result of what she intended to do had turned out to be far moreous that sd intended or antr anticipated.

This is a killing thng that arises from a domestic situation.&ion. It is a prevalent crime in this country where the law is flouted indiscriminately by women who are intimately involved with the same man as husband or father oir children who fight and kill each other over petty jealousies or disagreements between then them. This case is not entirely in the same vein. This is a cleae of adulterultery by the husband with the deceased that the prisoner decided to handle it e way she thought was best which has now landed her in this situation. The law under nder the Adultery and Enticement Act is in place to deal with husbands and wives who commit adultery outside their marriage. The prisonnnot claim ignorignorance os law as there are ways open to learn about these avenues oues open to her. The first place to starto s to go to the Police or to the Courts or the Welfare Office. In this modern wern world, people must learn to resist their emotional urges and act accorto what common sense dictates. Youngnerations lins like tike the prisoner cannot claim unsophistication as excuse for their con Tod217;s generaeneration mion must be deemed to be well possessed of the required understanding and knowledge of the rule of law fre many years of Government and Christian influences since colonisation.

The prisonersoner is aged about 30 years. She is Kawaina village, Oke, Okapa, Eastern Highlands province. She iried with four childrhildren, the oldest is 8 years and thegest is 9 months old. She has not ha benefit of t of a formal education but she was owas once employed as a house-girl with theralian High Commission in P in Port Moresby.

Her lawyer has urged upon me to take the following mitigating factors in her favour:

1. ; She haddpleauid guilty to y to the charge thus saving the State and the Court unwarranted expense.

2. She is a first offender.

3. ټ She had expressed rsed remorse.

I received both Pre-Sentence and Means Assessment Reports from the Provincial Probation Officer. Both reports were compiled from information obtained veryricterces includicluding thng the prie prisoner herself and which makes total reliance on them unsafe. Bus is not to say that thet the prisoner is not suitable for probation supervision.

This killing was unfortunate. I accept the prisoner only only int to inflict pain on the deceased but the worst resulted.&#1d. Of couhen a lethal weapon apon such as a knife is used, anything ssible on a mortal being. This is noorst case ofse ofse of unlawful killing attended by serious aggravating factors. I acthat the per was genuigenuigenuine in her remorse.

In all the circumstances of the case, I sentence the prisoner to six years imprint. I suspend two years of the total period and place her on probation if she pays K1ys K1,500 cash compensation and one live pig to the family of the deceased before 31st December 1999. Thald then leave her four four (4) years to serve. I deduct five m she alreadlready spent in custody awaiting trial. She will havserve the bala balance of 3 years and 7 months. is onnditional heon her paer paying K1,500 cash and one live pig compensation to the family of t of the deceased.

Lawyer for the StPublic Prosecutor

La

Lawyer for the Prisoner: Public Solicitor