State v Kairi [2017] PGNC 396; N7202 (27 October 2017)

N7202

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR NO. 1214 OF 2017

THE STATE

V

FELIX KAIRI

Kerema : Koeget, AJ
2017 : 25^th, 27^th October.

CRIMINAL LAW - Indictable offence – section 348 of the Criminal Code Act chapter 262 – Maximum sentence – conviction on plea – prevalence of offence – Courts discretionary powers under section 19 of the Criminal Code Act.

Facts

On 8^th September 2016, between 10 o’clock in the morning and one o’clock in the afternoon the accused approached Brigit Bike at Karaita village in Kerema town, Gulf Province and forced her to go out with him.

She refused and he forced her onto the floor of the “haus-win” and tried several times to remove clothes from her body. She resisted and held on to her trousers so it was difficult for the accused to remove it off her body.

She struggled with the accused for about 20 minutes before her younger brothers arrived and witness what the accused was doing to their sister.

The accused fled the scene and she reported the incident to the parents. The parents assisted the victim to report the incident to the police resulting in the arrest of the accused.

Counsel:

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

27^th October, 2017

ARRAIGNMENT

1. KOEGET, AJ: INTRODCUTION: The accused is charged with one count of Attempt Rape pursuant to section 348 of the Criminal Code Act chapter 262.
   
2. The accused pleaded guilty to the charge and was convicted accordingly.
   

ISSUE

3. The issue for the Court to determine is what is the appropriate sentence the Court should impose upon him.
   

LAW

4. “Section 348. Attempt to commit Rape.
   

A person who attempts to commit the crime of rape is guilty of a crime.

Penalty: Imprisonment for a term not excluding 14 years”.

PERSONAL PARTICULARS

5. The prisoner was 17 years of age but is 18 years old when the case was heard. He is a bachelor and is in grade 9 at Kerema Secondary High school.
   

AGGRAVATING FACTORS

6. The prisoner used minimal force when he committed the offence upon the victim. No permanent injuries where sustained by the victim except fear for some moments.

MITIGATING FACTORS

7. The prisoner cooperated with the police and admitted the commission of the offence to them.
   
8. He has been in custody for 3 months awaiting disposal of the case.
   
9. Both the prisoner and victim were boyfriend and girlfriend.
   
10. The previous decided cases cited by counsels suggest sentences ranging from 3 years to 9 years in hard labour.
    
11. The court has the discretion to impose a lesser sentence depending on the facts and circumstances in each case pursuant to section 19 of the Criminal Code Act.
    
12. In this case, the prisoner committed another criminal offence whilst on cash bail for this offence. That case was death with summarily by the District Court. This indicate he does not care about his future.
    

SENTENCE

13. The prisoner is sentenced to be imprisoned for three years in hard labour.
    
14. The pre-trial period of 3 months is deducted and he is to serve the balance of 2 years and 9 months at Bomana Corrective Institute Services.
    

ORDER

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