State v Maie [2016] PGNC 406; N6722 (29 November 2016)

N6722

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR No. 1786 of 2016

THE STATE

V

STEVEN MAIE

Daru : Koeget, AJ
2016 : 29^th November

CRIMINAL LAW- Indictable offence – Unlawful Killing under section 302 of the Criminal Code Act – Accused pleaded guilty to the charge – Exercise of Court’s discretionary powers under section 19 of the Criminal Code Act.

Cases Cited:

Manu Kovi –v- The State (2005) PG SC 34, SC 789.

Counsels:

D. Mark, for the State
W. Dickson, for the Accused.

29^th November, 2016

1. KOEGET, AJ: Introduction: The prisoner is charged with Unlawful Killing pursuant to section 302 of the Criminal Code Act.
   

FACTS:

2. On 12^th June, 2015 at about 1:00 o’clock in the afternoon the accused Steven Maie was among some group of men numbering 40 that went to Teapopo Government station in search of the deceased Edwin Iara. The deceased was a refuted sorcerer alleged to have been responsible for the deaths of many people from Arato and Kename villages. They confronted the deceased and pulled him out of the dugout canoe. Then Gabia Markford struck him with bush knife that cut his neck off only thin skin held the head to the body. The accused joined others to chop the dead body.
   

ARRAIGNMENT:

3. The prisoner pleaded guilty to the charge so he was convicted of the offence accordingly.
   

ISSUE:

4. The issue for the court to determine is what is the appropriate sentence to impose upon the prisoner.
   

LAW:

Section 302. Manslaughter

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

Penalty: Subject to section 19, imprisonment for life’’

“Section 19 Construction of Provisions of Code as to punishments.

(1) In the construction of this code, it is to be taken that, except where it is otherwise expressly provided –

“(aa) a person liable to death may be sentenced to imprisonment for life or any other shorter term;

(a) a person liable to imprisonment for life or any other period, maybe sentenced to imprisonment for any shorter term;”

Allocatus:

“I know I did the wrong thing and I am sorry. I apologise to the deceased’s family, public and say sorry to the deceased. I apologise to my family for bringing disgrace to them”.

Personal Particulars:

5. He is 21 years of age and he is a first time youthful offender. He is married with a child aged 6 years old.
   
6. His wife is approximately 20 years of age and is a subsistence gardener at Kename village.
   
7. He completed grade 6 at Teapo’po Primary School and returned home to live with his parents.
   

AGGRAVATING FACTORS:

8. This is vicious group attack on a refuted sorcerer. The people numbering 40 from Kename and Arato villages armed with bush knives planned to attack and kill the deceased. All went along and executed the plan that day.
   
9. The prisoner was armed with bush knife and cut the dead corpse with his bush knife across the face and nose. A total of 40 armed men acted in concert and killed the deceased.
   

In the exercise of Court’s sentencing discretionary powers under section 19 (1)(a)(b)(d) (i) of the Criminal Code Act, a sentence within the guideline in Manu Kovi –v- The State is an appropriate sentence.

SENTENCE:

10. The prisoner is sentenced to 13 years in hard labour. This sentence is consistence with those imposed on other offenders dealt with earlier this year by myself in Daru. The pre-trial custodial period of 3 months is deducted.
    
11. The prisoner is to serve the balance of 12 years 9 months in Daru Corrective Institutional Service.
    

________________________________________________________________
Public Prosecutor : Lawyer for State

Public Solicitor : Lawyer of Accused