N5915

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR NO. 682 OF 2013

STATE

V

OPA KATUKU
Prisoner

Tari: Ipang J
2015: 12th February

CRIMINAL LAW –Sentence – Manslaughter s.302 of the Criminal Code Act – Plea matter – Prisoner chopped his wife (deceased) with an axe – Domestic dispute – Prisoner pleaded guilty and expressed remorse – mitigating and aggravating factors considered – Sentence of 10 years custodial sentence imposed.

Cases Cited:

Jack Tanga v State [1999] SC 602

Counsels:

D. Mark, for the State
S. Inisi, for the Prisoner

DECISION ON SENTENCE

13th February, 2015

1.	IPANG J: This is the decision on sentence for the Prisoner Opa Katuku, who had on the 12th February pleaded guilty to one count of manslaughter contrary to s.302 of the Criminal Code Act. 

Brief Facts

2.	The brief facts for the purpose of the sentence are as follows; the prisoner is married to the deceased as his wife. Both are from the Arou Village, Lake Kopiago in the Hela Province. On the 1st of January, 2013 at around 5:00pm, the prisoner and the deceased were in their Arou Village when they had a domestic dispute. The dispute was over the death of their first born daughter and over their son burning their house. 

3.	The argument went out of control. The prisoner armed himself with an axe, chopped the deceased on her head and leg before living her alone. The Medical Report by Dr. Hamiya Hewali dated 16th April, 2013 attributed the deceased death to massive loss of blood due to multiple axe wounds on the parts of the deceased body. 

Allocutus

4.	In administering his allocutus, the prisoner expressed remorse for what he has done. He said sorry to his deceased wife and to his 3 children. He asked Court to have mercy on him.

Penalty

5.	The penalty for the offence of manslaughter under s.302 of the Criminal Code Act is subject to s.19, imprisonment for life. 

6.	As it is the sentencing practice that each case must be decided on its peculiar set of facts, the following are the factors I take in to consideration for the purpose of sentencing in this case. 

Mitigating Factors

7.	I find the following were the mitigating factors found for the prisoner:

1.	Life was lost;
2.	Prisoner pleaded guilty;
3.	Prisoner voluntary surrendered to the police 
4.	Made early confession to the police 
5.	Expressed genuine remorse to the police;
6.	Prisoner was a genuine detainee. There were 3 breakouts during his detention but he did not escape;
7.	Attends CBC Church;
8.	3 of his children have no mother.

Aggravating Factors

8.	The following are the aggravating factors:

1.	Use of an offensive weapon, an axe.
2.	There were multiple wounds

Submissions by parties

9.	Mr. Mark of Counsel agreed with Mr. Inisi for the prisoner that sentence between 8-12 years will be appropriate for the prisoner. 

10.	 I have reminded myself that in considering sentence in manslaughter case, the court must have careful regard to the circumstances of death and the way in which the death was actually caused. Refer R v Philips (1985) 7 Cr App R (s) 235 at p. 237. I took in to account the following circumstances in this case; 

1.	There were blows using an axe on the head and legs of the deceased;
2.	The death arose directly from the injuries; and 
3.	The death was caused by the use of an offensive weapon, an axe;

11.	In Jack Tanga v State (1999) SC 602, the supreme Court Bench comprising Jalina, Injia and Kirriwom, JJ held that;

"the offence of manslaughter is a serious offence. This is reflected by the maximum punishment which is life imprisonment. This reflects the value the society places on human life and its total condemnation of one person's unlawful taking of another life under any circumstances. The approach to be adopted in determining the punishment is set out by the Supreme Court in Rex Lialu v The State (1990) PNGLR 487; and that is to have regard to the aggregate effect of the offence, and then to determine the appropriate penalty for that particular offence."

12.	Taking into consideration what both counsels have submitted and what the prisoner had said in allocutus, I consider a sentence of 10 years custodial sentence be imposed. I minus 2 years for Pre Sentence Period. I further suspended one (1) year for prisoner's early plea and co-operation with police. Prisoner will now have 7 years to serve at Buiebi CIS at Mendi, SHP. A Warrant of Commitment will be issued accordingly. 

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