State v Aron [2018] PGNC 581; N7745 (24 October 2018)

N7745

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR No. 677 OF 2018

THE STATE

V

NANE ARON

Kiunga: Koeget, J
2018:17^th October, 24^th October

CRIMINAL LAW - Indictable offence – Manslaughter – Section 302 of the Criminal Code Act – guilty plea – admissions in the record of interview – “de facto provocation” offered by deceased – a fair and just sentence to be imposed in the circumstances of the case

Counsel:

Ms. T. Aihi, for the State
J. Kolowe, for the Accused.

24^th October, 2018

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

FACT

2. On the night of 21^st October 2017 between 7o’clock and 12 midnight, the accused and the deceased were drinking beer in their family house located at Kilometer 15 along the Kiunga - Kokonda highway.
   
3. An argument erupted between the accused and the deceased over a woman the family arranged for the deceased to marry, instead it was changed for the accused to marry. The argument continued for some time and it irritated the accused so he picked up a piece of wood and threaten to assault the deceased with it.
   
4. The deceased picked up a bush knife and swung at the accused and it struck the left small finger and cut it off. The accused then went into his room in the house and picked up the hunting spear and threw it to the wall of the deceased’s room. The spear penetrated through the wall and struck the left hand side of the chest and penetrated the left lung of the deceased. The accused left and continue to drink beer. The deceased walked out of the room to the road and collapsed. The relatives took the deceased to Kiunga Hospital where he died due to puncture of the left lungs by the spear and heavy loss of blood. The matter was reported to the police resulting in the apprehension of the accused.
   

ARRAIGNMENT

5. The accused pleaded guilty to the charge and was convicted accordingly. There are admissions in the record of interview so the plea is confirmed.
   

ISSUE

6. The issue for 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, murder or infanticide is guilty of manslaughter.

Penalty: Subjection section 19, imprisonment for life”

Personal Particulars

7. The prisoner is 36 years of age and is a bachelor. He completed grade 10 at St. Gabriel Technical school in 2001 and returned to live in the village. He is a subsistence gardener. He was residing with his parents in the village till the commission of the offence when taken into custody by the police.
   

AGGRAVING FACTORS

8. The prisoner was drunk when he committed the offence. A weapon was used in the commission of the offence. The injury inflected was severe as it penetrated the left lung causing the deceased to die soon after the attack.
   

MITIGATING FACTORS

9. The deceased attacked him with a bush knife so he retaliated and speared the deceased so there was a “de facto provocation”. The injury inflicted was severe.
   
10. The prisoner is a first time offender and he admitted commission of the offence during the record of interview between himself and the police investigator. He pleaded guilty in court and saved valued time of the court.
    
11. He has been in custody for 11 months, 2 weeks and 5 days.
    

SENTENCE

12. Such offence is prevalent in the country and a weapon was used in the commission of the offence.
    
13. The Supreme Court in the case of Manu Kovi –v- The State (2005) SC789 sets out guide lines for sentences by the courts for such offences. This case falls within category 1, and the suggested sentence ranges between 8 years to 12 years imprisonment term.
    
14. In this case there was “de facto provocation” offered by the deceased and when the prisoner reacted and inflicted the injury, it was very severe and death was almost instantaneous. In the given circumstances of the case, an imposition of a term in the top range as in the suggested tariff of sentences would be fair and just in my view.
    
15. So the sentence of the court is that the prisoner is sentenced to be imprisoned for a period of 12 years in hard labour. The pre-trial custodial period of 11 months, 2 weeks and 5 days are deducted and the prisoner is to serve the balance of 11 years, 1 week and 2 days at Ningerum Corrective Institution Service.
    

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