Andowa v The State [1998] PGSC 33; SC576 (1 October 1998)

Unreported Supreme Court Decisions

SC576

PAPUA NEW GUINEA

[SUPREME COURT OF JUSTICE]

SCRA 1 OF 1998
GRAYSON ANDOWA - APPELLANT
-V-
THE STATE - RESPONDENT

Lae

Woods Injia Akuram JJ
30 September 1998
1 October 1998

CRIMINAL LAW – Incest – sentencing principles – plea of guilty – father and daughter – range of sentences.

Cases Cited

Dadabu Dabu v The State [1998] Unreported SCR 26/97

Mitige Neheye v The State [1994] PNGLR 71

Counsel

Appellant in person

R.Auka for the State

1 October 1998

WOODS INJIA AKURAM JJ: The appellant is appealing against a sentence of 7 years imposed by Sevua J following a plea of guilty to incest with the appellant’s daughter between April and June 1997.

The grounds of the appeal are that the sentence of seven years is excessive and he has a large family to support and he is concerned about the welfare of his family.

The facts are that the appellant who lives near Morobe Patrol post had taken his 13 year old daughter to the beach and threatened her with a knife and had sexual intercourse with her. He repeated the offence the next day. The matter came to light some time later when the appellant tried to do it again.

The trial judge in his reasons on sentence did highlight the seriousness of the crime in the Criminal Code by virtue of the fact that the maximum penalty is similar to that for rape namely life imprisonment. He also emphasised the gross betrayal of the trust between a father and daughter and that the prime duty of a father is to protect a daughter and not to defile her. The trial judge noted that there has been agitation around the country by people over such sexual crimes against women and girls. And he stated that he would be failing in his duty if he did not properly deal with such criminal behaviour by fathers against their daughters

Whilst 7 years is at the top end of the range of sentences actually handed down for rape in recent years it is by no means unusual or a dramatic increase from the normal range. We refer to the principles enunciated in Mitige Neheye v The State [1994] PNGLR 71 which emphasised the serious nature of the offence and that an act of incest committed without consent or by force amounts to rape and it is valid to apply the tariff for rape in such cases. That case confirmed a sentence of 7 years for a number of counts of incest by a father against a 15 year old daughter.

The Supreme Court also this year confirmed a sentence of 7 years for a number of counts of incest admittedly in a different situation namely between a brother and sister in a consensual situation. This was the case Dadabu Dabu v The State SCR26/97 heard in June 1998.

One feature from many of these incest cases is that once a man has committed one act of incest against a daughter or sister he often repeats. In the above mentioned cases there were repeated acts, and in the case before us now there are two counts and the evidence is that the appellant was wanting to do it again. This highlights the importance of stopping these incest acts as soon as discovered because they tend to repeat and suggests that two counts can be as serious as many because if not stopped they do lead to many.

We therefore find that the trial judge has made no errors in his consideration of the sentence applicable and we endorse the views of the various courts that incest is such a serious crime and does warrant severe terms of imprisonment.

We dismiss the appeal.