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State v Arato [2012] PGNC 186; N4764 (26 July 2012)

N4764

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR. NO. 513 OF 2012

STATE

V

MIRIKI ARATO

Prisoner

Kainantu: Ipang AJ
2012: 19, 25 & 26 July

CRIMINAL LAW–Sentence – Criminal Code Act - s.300 – Murder – Prisoner murdered his wife – use of offensive weapon – a bush knife causing multiple bodily injuries – deceased died few days after been admitted to the Intensive Care Unit of Goroka Base General Hospital.

CRIMINAL LAW – Sentence – Vicious attack on the deceased wife – infront of the crowd at a Fish Market – senseless and barbaric act of aggression – no second thought and respect for a human life – Category 2 in Manu Kovi v The State SC 789.

CRIMINAL LAW–Sentence – Criminal Justice (Sentences) Act 1986 - s.3 (2) – Pre Sentence Period of 4 months and 5 days

CRIMINAL LAW–Sentence – Criminal Law (Compensation) Act, 1991 – Prisoner and his relatives paid K4000.00 and food stuff to deceased relatives

Cases Cited

Manu Kovi -v- The State SR 789.
State –v- Wakore N3222 (16 August, 2007)
Michael Miomi – v- The State SCR No. 33 of 2004
State –v- Rommey Naptalai Simonopa (2004) N2251
State –v- Richard Dusal Bix (2003) N2415
State –v- Iori Veraga (2005) N2921
State –v- Steven Kenny (1999) N1881

Legislation

Criminal Code Act – Chapter 262
Criminal Justice (Sentences) Act 1986
Criminal Law (Compensation) Act, 1991

Counsel

Mr. A. Bray, for the State

Mr. M. Mumure, for the Prisoner

DECISION ON SENTENCE

26th July, 2012

1. IPANG, AJ: This is the decision on sentence for the prisoner Miriki Arato who had on Thursday 19 July, pleaded guilty to murdering his wife (now deceased) one Lucy Manus contrary to s. 300 of the Criminal Code Act, Chapter 262. After perusing the deposition tendered by State and upon satisfying myself, I confirmed the plea of guilty. Defense Counsel requested for an order for a Pre Sentence Report which I ordered one to be prepared and filed on the 24 July and for submission on sentence to be made on the 25 July.

Brief Facts

2. On arraignment, the following facts were put to the prisoner; On 19 March, 2012 the prisoner was at Yonki waiting for his wife to finish work. After the wife finished work, they got on the vehicle with others and travelled towards Kona Road on the way to Sostenu village. At Arona Fish Market, the prisoner stopped the vehicle and got off. He then told his wife to get off. His wife refused as she was scared of the prisoner. Prisoner kept on insisting that his wife get off from the vehicle so his wife eventually got off from the vehicle. Prisoner got frustrated so got his bush knife and attacked his wife.

3. The prisoner attacked the deceased by chopping her on her head and neck. The deceased ran to the sellers at the Fish Market. The prisoner followed her and continuously chopped her. The deceased was rushed to the Goroka Base Hospital and was admitted to the Intensive Care Unit. She died on the 30th March, a few days after the injuries she sustained.

4. The State alleged that the Prisoner intended to cause Grevious Bodily Harm on the deceased Lucy Manus and succeeded in causing her death contrary to s. 300 (1) (a) of the Criminal Code Act.

Antecedent Report

5. The prisoner has no prior convictions.

Allocutus

6. In administering allocutus, the prisoner said:

"I am sorry to God and the Court. I made trouble with the law. Court to have mercy on me and put me on probation. That's all."

Pre Sentence Report

7. The Pre Sentence Report was compiled by CBC Officer Mr. Peter Worowi and I commended him for producing this well balanced comprehensive report within short space of time. The report contains the following particulars:

Marital Status

The prisoner married deceased wife about 2 years ago prior to the offence committed but did not have any children. It was revealed the prisoner was previously married to two other ladies but they ran away, ran away because of prisoners' jealous attitude. He often beat them up severely and threatens to kill them. Deceased was the prisoners' third wife and he treated the same way he treated his previous wives. Prisoner's brother in-law confessed that from day one of prisoner's marriage to his deceased sister there was not time his sister was free from abuses and that this continued until her death.

Deceased before her death was employed with Yonki Construction Company. Prisoner's brother in-law said the prisoner was like a prison warder who would escort the deceased to her work place in the morning. Then he would wait around and escort her back after the work. He is a kind of person who does not respect his wife.

Previous Criminal Record

The Prisoner said this was the first offence he committed. However, according to prisoner's brother in-law Auta Manus Yogaro there were numerous unreported cases of criminal nature committed by the prisoner against the deceased. Pre Sentence Report said the offender is a violent person who has no care attitude and no respect for others.

Auta Manus Yogaro said the prisoner's relatives gave K4000.00 cash money plus some garden food for funeral expenses and the money was shared to those who came to haus krai. He said the compensation demand was not given because they want the prisoner to be punished under the law.

Assessment

(i) Potential danger

The Pre Sentence Report indicated that the prisoner is a dangerous person. There is no guarantee that he will not do it again.

Submission by Defence Counsel

8. Mr. Mumure of counsel for the prisoner submitted the following mitigating factors for the prisoner.

(a) Prisoner pleaded guilty thus saves court's time and State's resources for putting up a trial.

(b) Prisoner has expressed genuine remorse

(c) Guilty plea was made at the first given or available opportunity

(d) Killing took place in a domestic setting

(e) There is presence of de-facto provocation in that the prisoner raised allegation of deceased adulterous affair

(f) The prisoner killed his wife and will live with this pain for the rest of his life.

9. Factors in aggravation, Mr. Mumure submitted that the prisoner attacked the deceased with a bush knife and the deceased sustained multiple bodily injuries.

Sentencing trend

10. Defence counsel submitted that this case falls under the 2nd Category in Manu Kovi v The State (2005) SC 789 would attract sentence from 16 – 20 years. However, counsel submits for a lesser term. He cited the case of State v Wakore N3222 (16 August, 2007). Prisoner shot dead the deceased on allegation of adultery with a gun. Deceased died on the way to the hospital. The court took into consideration the Pre Sentence Report (PSR) and other factors and imposed 12 years as the Head Sentence. One (1) pre sentence period was deducted. Court further suspended 4 years and the prisoner was to serve only 7 years custodial sentence.

11. Counsel said because the mitigation factors in Wakore's case (supra) are similar to this instant case, this court should consider 12 years as the Head Sentence in Wakore's case.

12. State concedes with mitigating factors submitted for the prisoner. However, Mr. Bray of counsel for the State submitted that this Court takes into account that a life has been prematurely ended. Mr. Bray submitted that with the use of bush knife, the prisoner had intended to cause grevious bodily harm thus effecting multiple injuries causing death of the deceased. He said in this regard the Court should apply Category 2 Sentence Range in Manu Kovi's case (supra) and start with 18 years as the Head Sentence.

13. Mr. Bray referred to the Supreme Court case of Michael Miomi v The State SCR No. 33 of 2004. The appellant stabbed his wife to death and was given a 15 years custodial sentence. The Supreme Court in that case considered 15 years sentence as too lenient. State therefore submitted that any sentence from 16 – 18 years would be considered appropriate for the purpose of specific deterrence.

The Applicable Law

14. What would be the appropriate starting head sentence for the prisoner? The first approach is to look at the penalty provided for under s. 300 (1) (a) of Criminal Code Act. This section provides:

"300. Murder

(1) Subject to the succeeding provisions of this Code, a person who kills another person under any of the following circumstances is guilty of murder-

(a) If the offender intended to do grevious bodily harm to the person killed or to some other person;

Penalty: subject to section 19, imprisonment for life."

15. The sentence for the offence of murder under s. 300 (1) (a) is subject to s.19, life imprisonment. The maximum penalty for murder is life imprisonment. However, it is a sentencing principle that maximum penalty is only reserved for "worst type" of cases. Refer to State v Rommey Naptalai Simonapa (2004) N2251; State v Richard Dusal Bix (2003) N2415; and State v Iori Veraga (2005) N2921.

Sentencing Trend and Tariffs

16. Sentencing guidelines for manslaughter, murder and wilful murder cases are set out in Manu Kovi v The State (supra). As for this present case, both counsels correctly state, this case falls under Category 2 of Manu Kovi case (supra). The Category 2 in Manu Kovi attracts sentencing range between 16 – 20 years. Given the nature of injuries sustained by the deceased strongly suggest there was an intention on the part of the prisoner to cause grevious bodily harm.

17. What the prisoner has done by viciously and prematurely terminating the life of the deceased is cruel, barbaric and must be condemned in strongest possible terms. This kind of barbaric act of killing is common in this part of the highlands region. Men folk in this region of the country must understand that assaulting women, inflicting bodily injuries on women or causing grevious bodily harm or even killing women is not the right way of solving problems. In State v Steven Kenny (1991) N1881 Kirriwom, J made it very clear that:

"Resorting to physical violence to resolve one's anger is not the right behavior of decent and respectable men. Men who expect respect and support from their women must earn that respect by their conduct deserving of praise and dignity...The prisoner simply lost his self control and as a consequence an innocent life is lost."

18. In arriving at an appropriate sentence for the prisoner, I took note of the prisoner's personal particulars as contained in the Pre Sentence Report, his allocutus, Antecedent Report, the mitigating and the aggravating factors. I note this is an early plea matter. I am mindful that the attack was vicious with multiple injuries causing death. The Pre Sentence Report also revealed that the prisoner is a potential danger to the public.

19. I consider 16 years as the head sentence would be appropriate. I deduct the Pre Sentence Period of 4 months and 5 days. This will leave the balance of 15 years, 7 months, 3 weeks and 1 day to be served. I further deduct 3 years for prisoner's early plea and for funeral cost paid. This will now leave the prisoner to serve 12 years, 7 months, 3 weeks and 1 day IHL at Bundaira Corrective Institute (C.I.S). A Warrant of Commitment will be issued in these terms.

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