State v Kenny [1999] PGNC 56; N1881 (16 June 1999)

Unreported National Court Decisions

N1881

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

CR NO. 473 OF 1999
THE STATE
-V-
STEVEN KENNY

Goroka

Kirriwom J
16 June 1999

Cases Cited

Rex Lialu v The State [1990] PNGLR 487

Jack Tanga v The State (1999) SC 602

Counsel

Ms R. Johnson for State

Mr M. Apie’e for the Accused

SENTENCE

16 June 1999

KIRRIWOM J: Steven Kenny pleaded guilty to unlawfully killing Arita Onopia on 19th February 1999. This killing took place at Okapa Block in Kainantu where the prisoner was under some emotional stress when he learnt that his second wife had left him and moved out of his house. There was some strained relationship between him and his second wife for sometime. And he blamed the deceased who was his elder brother’s wife and his first wife of gossiping too much leading to his second wife’s decision to leave him. He therefore assaulted the women with his hands and feet. However the force he used was excessive when he kicked the deceased twice on her left abdomen. She died of shock due to massive blood loss as a result of ruptured spleen.

This is a typical spleen-killing case related to domestic violence. Men who physically assault their wives or women generally must realise by now that spleen-related deaths are common and frequent where men indiscriminately batter their women-folk without the slightest regard for their health and life. Resorting to physical violence to resolve one’s anger is not the right behaviour of decent and respectable men. Men who expect respect and support from their women must earn that respect by their conduct deserving of praise and dignity.

The prisoner simply lost his self-control and as the consequence an innocent life is lost. Unlawful killing carries a maximum of life imprisonment. Counsel for the prisoner referred to the case of Rex Lialu v The State [1990] PNGLR 487 and submitted that I must apply the guidelines prescribed therein to determine the appropriate penalty in this case. I must say categorically that Rex Lialu is out of date and in view of the prevalence and the rising trend of violent deaths in totally unacceptable circumstances, reliance on this authority is no longer of any force or effect. That was a time when a sentence of six and half years was held to be excessive on appeal and reduced to four and half years imprisonment. Constant reliance on Rex Lialu gives clear impression that sentences of manslaughter fall within the category of four (4) years. But the tide has changed. Manslaughter cases with no aggravating circumstances can now attract up to 6 or 7 years imprisonment on a plea or more on trial. Where there are aggravating circumstances and on a plea matter, the prisoner should expect nothing less than 8 years. The Supreme Court recently this year confirmed a sentence of twelve years in Lae on appeal - in Jack Tanga v The State (1999) SC 602. That was a plea but it was indeed a very bad case of a man heavily inebriated by drink brutally caused his wife’s death by punching and kicking.

Apart from the life lost, this case is not a worst case of manslaughter. I bear that in mind.

In his favour I take into account the fact that he cooperated fully with the police, admitted the offence from the beginning and pleaded guilty before the Court and he has no prior convictions. I accept his contrition in that his action has brought misery and grief upon an innocent man, his own brother, which he must also wear. The prisoner is a young man aged 30 years and has two children born to him by his first wife. He was educated to Grade 4 but lived mainly subsistent life at the time of this trouble.

In all the circumstances of the case I sentence the prisoner to 6 years imprisonment. I deduct 4 months pre-trial custody period and he serves the balance of 5 years 8 months.

Lawyer for the State: Public Prosecutor

Lawyer for the Prisoner: Public Solicitor