State v Gorogoro [2008] PGNC 260; N3949 (22 February 2008)

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CRIMINAL LAW – sentence – manslaughter – Criminal Code, Section 302 – guilty plea – offender stabbed his wife with a screwdriver, rupturing her spleen – domestic dispute – sentence of 13 years.

A man pleaded guilty to manslaughter. He had an argument with his wife over a family problem. She ran away. He followed her then stabbed her once with a screwdriver, inflicting a fatal wound.

Manu Kovi v The State (2005) SC789
Saperus Yalibakut v The State SCRA No 52 of 2005, 27.04.06
The State v Alphonse Kaparo and John Loangesa CR 1636-1637/2006, 21.03.07
The State v Daniel R Walus (2005) N2802
The State v Elizabeth Gul CR 375/2005, 09.05.05
The State v Hiliong Gunaing (2005) N2803
The State v Jacklyn Boni CR 786/2005, 08.09.05
The State v John Buku Kailomo CR 920/2005, 24.08.07
The State v John Loangesa CR 301/2000, 21.03.07
The State v Joseph Dion CR 71/2001, 20.05.05
The State v Kalimet Tovut CR 968/2004, 20.12.05
The State v Kila Peter (2006) N3018
The State v Lien Kaingi CR 1119/2006, 19.12.06
The State v Mark Kanupio, Balwin Kining, Peter Pasikio, Steven Lipilas and Paul Nowor (2005) N2800
The State v Mas Judah Binas CR 957/2004, 27.03.07
The State v Sebastian Sahoto Roho CR 1665/2005, 24.08.06
The State v Timothy Mawe CR 1455/2003, 20.05.05

1. CANNINGS J: This is a decision on sentence for a man who pleaded guilty to one count of manslaughter arising from the following facts.

2. The offender, Michael Jim Gorogoro, had an argument with his wife, Pauline Kiakirub, at about 9.00 pm on 20 April 2007. They were in their village at Wanuru in the Bogia district of Madang Province. Pauline took off to a nearby relative's house, where Michael's father happened to be. Michael followed her there, still angry, and approached Pauline who stood behind Michael's father. Michael then reached around and stabbed her with a screwdriver, penetrating the left side of her abdomen. The wound broke her spleen and ilium. She suffered heavy internal bleeding and died of hypovolemic shock shortly afterwards at Daigul health centre.

4. I administered the allocutus, ie the offender was given the opportunity to say what matters the court should take into account when deciding on punishment. He said:

This incident happened because my wife's family were putting pressure on me over money. They came to attack me with weapons and tried to take me to the police station. I asked my wife to talk to them and try to stop them behaving like that so we could sort out our problems with them and reconcile our differences. But she did not do anything about the problem, that is why I was angry with her. When she ran to my father I was still angry but I did not intend to kill her and I do not know what happened after I threw the screwdriver at her.

5. As the offender has pleaded guilty he will be given the benefit of the doubt on mitigating matters raised in the depositions, the allocutus or in submissions that are not contested by the prosecution (Saperus Yalibakut v The State SCRA No 52 of 2005, 27.04.06).

7. The offender is 33 years old. He was educated to grade 6 in 1989. He was a villager at the time he committed the offence.

8. Mr Joseph submitted that a sentence in the range of 8 to 12 years would be appropriate, given that the death occurred in a domestic setting.

9. Mr Ruarri submitted that this case could not be regarded as a low grade manslaughter, given that an offensive weapon, a screwdriver, was used. A sentence of 10 to 15 years imprisonment is necessary.

10. To determine the appropriate penalty I will adopt the following decision making process:

A person who unlawfully kills another under such circumstances as not to constitute wilful murder, murder or infanticide is guilty of manslaughter.

12. The maximum penalty is therefore life imprisonment. The court has a considerable discretion whether to impose the maximum penalty by virtue of Section 19 of the Criminal Code.

13. In Manu Kovi v The State (2005) SC789 the Supreme Court suggested that manslaughter convictions could be put in four categories of increasing seriousness, as shown in table 1.

TABLE 1: SENTENCING GUIDELINES FOR MANSLAUGHTER DERIVED FROM THE SUPREME COURT'S DECISION IN MANU KOVI'S CASE

No	Description	Details	Tariff
1	Plea – ordinary cases – mitigating factors – no aggravating factors.	No weapons used – offender emotionally under stress – de facto provocation – killing in domestic setting – killing follows straight after argument – minimal force used – victim had pre-existing disease that caused or accelerated death, eg enlarged spleen cases.	8-12 years
2	Trial or plea – mitigating factors with aggravating factors.	Use of offensive weapon, eg knife, on vulnerable parts of body – vicious attack – multiple injuries – some deliberate intention to harm – some pre-planning.	13-16 years
3	Trial or plea – special aggravating factors – mitigating factors reduced in weight or rendered insignificant by gravity of offence.	Dangerous or offensive weapon used, eg gun, axe – vicious and planned attack – deliberate intention to harm – little or no regard for sanctity of human life.	17-25 years
4	Worst case – trial or plea – special aggravating factors – no extenuating circumstances – no mitigating factors, or mitigating factors rendered completely insignificant by gravity of offence.	Some element of viciousness and brutality – some pre-planning and pre-meditation – killing of harmless, innocent person – complete disregard for human life.	Life imprisonment

14. There are both mitigating and aggravating factors present and I agree with Mr Ruarri's submission that death was caused by an offensive weapon. The starting point is therefore 13 to 16 years.

STEP 3: WHAT OTHER SENTENCES HAVE BEEN IMPOSED RECENTLY FOR EQUIVALENT OFFENCES?

15. Before I fix a sentence, I will consider other manslaughter sentences I have handed down. These cases are shown in table 2.

No	Case	Details	Sentence
1	The State v Hiliong Gunaing (2005) N2803, Kimbe	Guilty plea – stab wound causing death of wife – Laleki settlement, Kimbe – offender in his mid-40s – allegations of wife's infidelity.	15 years
2	The State v Mark Kanupio, Balwin Kining, Peter Pasikio, Steven Lipilas and Paul Nowor (2005) N2800, Kimbe	Guilty plea – mob attack – Kandrian, WNB – various sentences – degree of participation – in company with 4 others – knives and sticks and stones used – election-related killing.	15 years, 7 years, 4 years, 4 years, 3 years
3	The State v Daniel R Walus (2005) N2802, Kimbe	Guilty plea – domestic setting – Gaongo VOP, Kimbe – offender punched and kicked the deceased, a female, a number of times – deceased was offender's in-law – ruptured spleen causing death.	18 years
4	The State v Jacklyn Boni CR 786/2005, 08.09.05, Kimbe	Guilty plea – domestic setting – Buvussi, Kimbe – juvenile offender hit deceased with a stick, rupturing his spleen – deceased was offender's husband – argument over a small domestic item.	8 years
5	The State v Elizabeth Gul CR 375/2005, 09.05.05, Kimbe	Guilty plea – domestic argument – Mosa, Kimbe – offender was being assaulted by the husband and his sister – offender stabbed husband on his leg – prisoner claimed husband was being unfaithful.	10 years
6	The State v Joseph Dion CR 71/2001, 20.05.05, Kimbe	Trial – offender had fight with his wife on the back of a moving vehicle – Salelebu, Central Nakanai area – she fell off the vehicle and was killed upon hitting the road.	10 years
7	The State v Timothy Mawe CR 1455/2003, 20.05.05, Kimbe	Trial – offender was prosecuting an unlawful purpose, making a homemade gun – Buvussi, Kimbe – discharged the weapon killing the deceased.	10 years
8	The State v Kalimet Tovut CR 968/2004, 20.12.05, Kimbe	Guilty plea – argument between cousins – Sarakolok, Kimbe – offender punched the deceased to the ground, kicked him in abdomen – ruptured spleen causing death.	10 years
9	The State v Kila Peter (2006) N3018, Kimbe	Guilty plea – fatal stab wound to the back causing death of husband – Mosa, Kimbe – young mother – offender walked 2 km in middle of night and waited for victim – husband was with another woman.	12 years
10	The State v Sebastian Sahoto Roho CR 1665/2005, 24.08.06, Buka	Guilty plea – young man kicked his mother in abdomen, rupturing her spleen – domestic dispute – family did not want offender given a lengthy sentence.	10 years
11	The State v Lien Kaingi CR 1119/2006, 19.12.06, Kimbe	Guilty plea – family dispute – Barema, near Bialla – offender suspected her sister was having an affair with her husband – offender stabbed her sister.	10 years
12	The State v John Loangesa CR 301/2000, 21.03.07, Bialla	Guilty plea – domestic dispute – Kisiluvi, central Nakanai – offender assaulted his wife while drunk – during assault, he kicked her in the stomach – an element of de facto provocation.	12 years
13	The State v Alphonse Kaparo and John Loangesa CR 1636-1637/2006, 21.03.07, Bialla	Guilty plea – family dispute – two men punched and kicked their brother-in-law – two-against-one fight.	12 years, 12 years
14	The State v Mas Judah Binas CR 957/2004, 27.03.07, Kimbe	Trial – offender became angry with his cousin-brother who was drunk, on the road – stabbed him once.	13 years
15	The State v John Buku Kailomo CR 920/2005, 24.08.07, Kimbe	Trial – man assaulted his wife during a domestic dispute – she died of a ruptured spleen.	15 years

18. In weighing all these factors I place great weight on the guilty plea and the co-operation the offender gave the police. But this was a terrible crime by a man upon a person who he was meant to care for, love and protect. After comparing this case to the other manslaughter cases I have dealt with, I impose a head sentence of 13 years imprisonment.

STEP 5: SHOULD THE PRE-SENTENCE PERIOD IN CUSTODY BE DEDUCTED FROM THE TERM OF IMPRISONMENT?

19. Yes. I decide under Section 3(2) of the Criminal Justice (Sentences) Act that there will be deducted from the term of imprisonment the whole of the pre-sentence period in custody, which is ten months, two days.

20. No. Given all the circumstances in which this tragic event took place this is not an appropriate case in which any part of the sentence should be suspended.

21. Michael Jim Gorogoro, having been convicted of one count of manslaughter, is sentenced as follows:

Public Prosecutor: Lawyer for the State
Paul Paraka lawyers: Lawyer for the Offender

Length of sentence imposed	13 years
Pre-sentence period to be deducted	10 months, 2 days
Resultant length of sentence to be served	12 years, 1 month, 3 weeks, 5 days
Amount of sentence suspended	Nil
Time to be served in custody	12 years, 1 month, 3 weeks, 5 days
Place of custody	Beon Correctional Institution

National Court of Papua New Guinea

State v Gorogoro [2008] PGNC 260; N3949 (22 February 2008)