State v Mareko [2017] PGNC 224; N6885 (15 September 2017)

N6885

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR No. 1040 of 2017

THE STATE

V

TIPOR MAREKO

Daru: Koeget, AJ
2017: 12^th, 15^th September

CRIMINAL LAW- Indictable offence – Unlawful Killing – section 302 of the Criminal Code Act – plea – maximum sentence – exercise of discretionary powers of Court under section 19 of the Criminal Code Act chapter 262.

FACTS

On 25^th February, 2017 the accused was at Tapila logging camp drunk and acting disorderly and threatening employees of the logging campany. He was armed with a bush knife.

A fellow villager Suliki Ian Kemoa ran after the accused and attempted to disarm him so a tussle ensured and the accused swung the bush knife and injured the deceased’s right forearm. The bush knife severed the main artery to the right hand and there was heavy loss of blood.

The deceased was taken to Tapila Health Centre but he died on arrival. He died due to heavy loss of blood.

Cases Cited:

Manu Kovi –v- The State (2005) SC789

Counsels:

D. Mark, for the State
W. Dickson, for the Accused
15^th September, 2017

1. KOEGET AJ: INTRODUCTION: The accused is charged with one count of Unlawful Killing pursuant to section 302 of the Criminal Code Act chapter 262.

ARRAIGNMENT

2. The prisoner pleaded guilty to the charge so he was convicted accordingly.

ISSUE

3. The issue for determination is what is the appropriate sentence the court should impose upon the prisoner.

LAW

4. The law in relation to manslaughter is stated as follows:

Section 302. Manslaughter

“A person who unlawfully kills another under such circumstances as not to

Constitute wilful murder, murder or infanticide is guilty of manslaughter.

Penalty: Subsection to section 19, imprisonment for life.”

PERSONAL PARTICULARS

5. The prisoner is 24 years of age and is a bachelor. He attended Daru Secondary School and completed grade 10 and returned home. He lived as a subsistence gardener prior to the commission of the offence.

AGGRAVATING FACTORS

6. A bush knife was used to cause the injury. The injury inflicted on the deceased was severe and as a result the deceased bled to death.

MITIGATING FACTORS

7. The prisoner cooperated well with the police and made admissions in the record of interview between himself and the police investigation officers.

8. He pleaded guilty to the charge in court so credit is given to his cooperation in disposal of the case quickly.

9. He has been in custody for 7 months and 12 days from today’s date.

THE LAW

(1) Manu Kovi –v- The State (2005) SC789. Both counsel submitted that appropriate sentence is between 8 – 12 years in line with the suggested guideline in the case of Manu Kovi (supra).

SENTENCE

10. This was a vicious attack on a fellow villager who went to stop him from causing disturbances at the logging camp. The prisoner was not an employee of the company and so had no right to be there in the first place. The prisoner caused the death of a company employee, a person who had lawful excuse to be in the premises of the logging company.

11. A life is lost and cannot be replaced by remorse or apology.

12. It cannot be resurrected by any means.

13. I am guided by the previous decisions on the cases I dealt with and impose sentences on such offenders.

14. The maximum sentence is life imprisonment so the offence is serious. However, the court has discretionary powers under section 19 of the Criminal Code Act to impose a lesser sentence depending on the circumstances of the case.

15. The prisoner is sentenced to be imprisoned for a period of 14 years in hard labour. The pre-trial custodial period of 7 months and 12 days is deducted and the balance of 13 years, 4 months, 2 weeks and 2 days is to be served at Daru Corrective Institutional Services.

Sentenced accordingly

____________________________________________________________
Public Prosecutor: Lawyer for the State
Public Solicitor: Lawyer for the Accused