State v Lol [2019] PGNC 444; N8206 (15 November 2019)

N8206

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR No. 384 OF 2019

THE STATE

V

LYNNETTE LOL

Waigani: Koeget, J
2019: 12^th,13^th, 15^th November

CRIMINAL LAW- Indictable offence – Manslaughter pursuant to Section 302 of the Criminal Code Act – convicted on guilty plea – the persistent assaults, abuses and mistreatments for over ten to thirteen years are strong mitigating factors to warrant imposition of a lenient sentence

FACT

The accused Lynnette Lol was married to the deceased Jack Steven and both lived with their children at 8 Mile settlement in the National Capital District.
The accused purchased a portion of land and built a dwelling house on it. The house consist of rooms upstairs in which the family reside while the rooms downstairs are rented out to wantoks who pay rentals fortnightly to the family. When the accused finished selling cooked food at the informal-sector market at the settlement, she purchased store goods and protein for the family and returned to the house in the afternoon on 2^nd of June 2018. At night between eight o’clock and nine o’clock, she finished cooking (food) dinner for the family when the deceased arrived. He was under the influence of intoxicated liquor.

The deceased asked the accused for some money to buy beer but she responded and said the proceeds from the sale were used to purchase food and protein in the shops that she cooked for the family that evening. So there was no cash to give to him.

This angered the deceased so he walked up the stairs angrily into the room and proceeded to switch off the electricity supply to the house. A tenant renting a room downstairs became angry and swore and enquired who switched off the electricity supply to the house. He proceeded downstairs and confronted the tenant and an argument ensued between them. In the course of the confrontation, the accused picked up a piece of wood and struck the deceased on the temple region causing him to fall to the ground. A bystander took a screw driver and stabbed the deceased on the right hand side of the chin. The deceased laid motionless on the ground for some time and later was taken to the Port Moresby General hospital by the relatives and he was pronounced dead on arrival. The post mortem report attributed cause of death to cardiac temponade (laceration of heart).

Case Cited

Manu Kovi –v- The State (2005) SC 789
The State –v- Dai Wadbag (2016) N6410
The State –v- Jenny Dei (2011) N4260
The State –v- Loangesa (2007) N3187
The State –v- Regina Jacko (2010) N4110

Counsel

Ms J. Jack & Ms A. Joseph, for the State
Ms C. Koek, for the Accused

15^th November, 2019

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

ISSUE

2. The accused pleaded guilty to the charge so she was convicted accordingly. The issue for the court to determine at present is what is the appropriate sentence the court should impose upon her.
   

LAW

3. “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: subject to section 19, imprisonment of life”.

PERSONAL PARTICULARS

4. The prisoner is 38 years of age and is a widow. The deceased is the second husband. She has 3 children from her previous marriage. All children reside with the prisoner at the house located at 8 Mile settlement. The deceased lived in the same house when he married the prisoner.
   

AGGRAVATING FACTORS

5. A piece of wood was used to hit the deceased on the head and in the abdomen and severe injuries were inflicted resulting in the death. Such offence is serious and is prevalent in the country.
   

MITIGATION FACTORS

6. The prisoner lived an unblemished life for 37 years till the date she committed the offence. She sold cooked food at the informal market and proceeds of the sale were used to purchase food, and protein for the family and part of the earnings were given to children for their bus fares and lunch while attending schools in the National Capital District.
   
   7. The committal depositions in the police hand up briefs shows that prisoner was subjected to persistent assaults, abuses and mistreatments by the deceased for over ten to thirteen years.
      

SENTENCE

8. The prisoner Lynette Lol is from Pulim No. 2 village in the Nipa district of the Southern Highlands Province. She is uneducated but came to Port Moresby with her first husband. She has three grown up children from that marriage. The husband deserted her and the children of that marriage are in her custody. Despite the handicap that she is illiterate, and cannot find job easily, she devised methods of how to generate income for herself and the children. She cooked food and protein daily and sold them at the informal sector markets and proceeds of the sale were saved to purchase a portion of land at 8 mile settlement and materials to construct a dwelling house for herself and the children. The rooms at the top are used by the family but the rooms at the bottom are rented out to tenants. The rentals and surplus from sale at the informal markets are used to buy food and protein for consumption by the family. The balance are cooked and sold at the informal markets.
   
9. These factors demonstrates a loving mother though uneducated, striving to generate income to meet the daily needs of herself and the children in Port Moresby. She discharged her divine responsibilities of raising the children without the support of their father.
   
10. I accept the prisoner’s account that the house she built for herself and the children was forcefully taken over by the relatives of the deceased. So the children are displaced and she does not know where they are as she is in custody. The family and relatives of the prisoner paid compensation in cash and kind to the family and relatives of the deceased. The payments were accepted and yet they forcefully took possession of the family house of the prisoner and are residing there at present. Such, in my view is unfair in the light of the fact that the deceased started the argument when he arrived home drunk. Had he not caused the disturbance leading to the confrontation, he could still be alive.
    
11. All the facts highlighted above persuade the Court to impose a very lenient sentence that is within the range suggested in Manu Kovi –v- The State (2005) SC789 and other cases cited by counsel in their respective submissions.
    
12. So the prisoner is sentenced to be imprisoned for a period of five years in hard labour. The pre-trial custodial period of one year, five months 7 days are ordered to be deducted. The balance of 3 years 6 months 3 weeks to be severed at Bomana Corrective Institution Services.
    

Accordingly ordered.

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