State v Betelian [2021] PGNC 602; N9453 (12 April 2021)

N9453

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR NO. 541 OF 2019

THE STATE

-V-

YAUPAYA BETELIAN

Alotau: Koeget, J
2021: 08^th, 12^th April

CRIMINAL LAW – accused pleaded guilty to a charge of rape pursuant to s347 Criminal Code Act – accused grabbed victim by her hands in the presence of her family –accused intoxicated with alcohol when he committed the offence of rape - accused mitigating and aggravating factors considered – accused sentenced to 20 years less time spent in pre-sentence custody

Cases Cited

The State -v- Dona James (2019) N7898

Counsel
A. Kupmain, for the State
N. Wallis, for the accused

12^th April, 2021

1. KOEGET J: INTRODUCTION: The accused is charged with one count of Rape pursuant to Section 347 (1) of the Criminal Code Act Chapter 262.

Facts

2. On Thursday 28^th of December 2017 the accused was intoxicated after drinking alcohol. At about eleven o’clock in the morning he approached the victim Ms Hatchina Doigu and the sister sitting with their children at Yo’o village in the Esa’ala District of the Milne Bay Province.

3. He was acting in disorderly manner and asked the victim and others for betelnut. He was given a betelnut which he chewed and he walked away. He walked for 30-50 meters and returned. He grabbed the victim’s hand and pulled her to the bush. She struggled and pushed him away but to no avail. She cried for assistance but no one responded. The victim’s sister and children ran away as they were frightened of the accused. The accused took the victim to the bush and had sexual intercourse with her without her consent. The accused wore his clothes and walked away. The victim returned to the village crying so the matter was reported resulting in the arrest.

4. The State alleges that the actions of the accused contravened Section 347 (1) of the Criminal Code Act.

Issue

5. The accused pleaded guilty to the charge. The issue for the Court to determine is what is the appropriate sentence the Court should impose upon him.

Personal Particulars

6. He is from Nade village and is aged 32 years. He is married with two children. His wife and children are residing in the village. He has had no formal education and is a subsistence gardener.

Aggravating Factors

7. The prisoner was intoxicated when he committed the offence. A force was used to instil fear in the victim. Such offence is prevalent in the Esa’ala District and in the country.

Mitigating Factors

8. The accused admitted commission of the offence to the Police during the record of interview. In Court, he pleaded guilty to the charge and saved valuable time of Court. No weapon was used in the commission of the offence. The victim sustained no permanent physical disabilities and she is well.

Sentence

9. The victim had recently delivered a child when the offence was committed upon her by the prisoner. The commission of the offence when intoxicated is an insignificant factor in this case. The prisoner acted as a thing or animal when he pulled the victim by the hand into the bush in the presence of her family members while struggling to swing him off. She is devastated and lives in shame in the village as her dignity was tarnished when the prisoner dragged her by the hand into the bush and had sex with her without her consent. In the circumstances of the case, the prisoner is sentenced to be imprisoned for twenty (20) years in hard labour. The pre-trial custodial period of two (2) years, two (2) months and three (3) weeks are deducted and he is ordered to serve the balance of seventeen (17) years, nine (9) months and one (1) week at Giligili Goal.

Orders

1. The prisoner is sentenced to be imprisoned for twenty (20) years in hard labour.
   
2. The pre-trial custodial period of two (2) years, two (2) months and three (3) weeks are ordered to be deducted from the head sentence.
   
3. He is to serve the balance seventeen (17) years, nine (9) months and one (1) week at Giligili Goal.
   

Accordingly ordered.
________________________________________________________________
The Public Prosecutor: Lawyer for the State
The Public Solicitor: Lawyer for the Accused