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State v Safo [1998] PGNC 63; N1823 (17 July 1998)

Unreported National Court Decisions

N1823

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

CR NO. 124 OF 1998
THE STATE
V
KEREHUTO BRUCE SAFO
(ACCUSED)

Goroka

Sawong J
10 July 1998
17 July 1998

CRIMINAL LAW - Sentence - Plea of Guilty - Indecent dealing with a girl under the age of 12 yrs s. 217 (3) Code

Counsel:

C. Ashton-Lewis, for the State

M. Apie’e, for the Accused

17 July 1998

SAWONG J: An indictment was presented to me against Kerehuto Bruce Sefo for the unlawful and indecent dealing of a girl under the age of 12 years, an offence contrary to s. 217 (3) of the Criminal Code.

You were aged about 34 years old at the time of the offence, which occurred on 27 November 1997 at Asariyufa. You come from Sokaye village, Henganofi in the Eastern Highlands Province. The incident occurred in this way.

The little girl had been sent by her father that morning to go to the main market in Goroka to buy some cucumber seeds. She was 11 years old at that time. After being to the market, she was returning on her way home to Genoka and as she passed the Post Office, you met her and told her that you knew her father. You told her that you had some clothes and other gifts to give her and that she should go home and get another little girl with a bilum and the three of you would then go together and collect those things. Thereafter the little girl went to Genoka but she didn’t tell anyone what had happened earlier. Her father sent her back to the market to buy some more cucumber seeds. This time she took two small friends with her and returned to the main market. There she bought some more cucumber seeds. You were also at the said market and when you saw her you told her to send the other two children home and you asked her to accompany you. She then gave the cucumber seeds to her friends and went with you. You took her to a bush path and told her that you would play a game with her. You also told her that you would make some magic on her. You told her if she allowed you to rub her body she would go to high school. She therefore allowed you to do all these things on her and then you removed her underpants and played with her genital area, and ejaculated over her private part. After that both of you got dressed and you took the girl to the Zokozoi river where you both washed. You told her that if she reported the matter to anyone she would go insane. You then gave her 50t and left her at the main market. She bought some scones with the money and was walking home when she met her father who had come searching for her. She told her father of what had happened to her. They searched for you and caught you at the bus stop and from there you were taken to the police station.

You pleaded guilty to the charge and I convicted you. I adjourned sentencing you to today to consider the submission made on your behalf by Mr Apie’e and by yourself.

At the time of the offence, you were about 34 years old. You have pleaded guilty. You are not a first offender. You have prior conviction for another sexual offence, that of rape. In 1995 you were convicted and sentenced to 4 years IHL by the National Court for the offence of rape. The victim in that case was a 14 years old female.

For the present charge, you could be sentenced to a maximum sentence of five years imprisonment. The sentencing patterns for this offence by the National Court during 1996 shows that the sentences range between a partial suspended sentence to imprisonment. This shows that each case must be dealt with on its own facts and circumstances.

At the time of the offence you were about 34 years old. You have pleaded guilty. You also co-operated with the police and readily made admissions. You have also expressed remorseness for your conduct. Further, and more importantly your plea of guilty has saved the little girl from coming to court and giving evidence in open court and being subjected to cross examination. In these circumstances, I accept that your plea is genuine one. Apart from those factors, there are no other mitigating factors to be taken in your favour.

In my view, the age of the victim is an aggravating factor which calls for severe condemnation. A society that cannot or will not protect its children is morally bankrupt.

Another aggravating factor is that you have a prior record for another sexual offence. If appears to me that you committed the present offence soon after you were released from jail. You obviously have not learnt a lesson. I am convinced that people like you are a menace to the public at large, and in particular young girls. There is a growing concern in our society against this kind of child abuse and molestation.

It is my firm view that child molester like you should be sentenced to an immediate punitive and deterrent custodial sentence. Any other form of sentence would in my view, clearly be inappropriate. In those circumstances, your plea of guilty is of not much significance.

I consider that there is a need to send a message to you and to other possible offenders that the sentence for this type of offence will be firm and decisive.

In my view this kind of conduct must not be condoned at all. These kinds of offences are repugnant, offensive and unnatural offences against a young child. The Court has a duty to protect the innocent young girls from this kind of corrupt behaviour by men, and in particular by older men like you.

In all the circumstances, you are convicted and sentenced to four years imprisonment in hard labour. I deduct the period of 5 months and 17 days, being the time you spend in custody waiting for your court case, leaving a balance of 3 years 6 months 13 days imprisonment in hard labour. You are to serve your term at Barawaghi Corrective Institute.

Lawyers for the State: Public Prosecutors

Lawyers for the Accused: Public Solicitors