N6820

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR No.  1650 of 2016
	
THE STATE

V

SKWANAI HAMNAI

Kiunga: Koeget, AJ
2017	 : 20th and 26th, April.

CRIMINAL LAW-Indictable offence – Murder under section 300(1)(a) – Criminal Code Act – guilty plea – maximum sentence is imprisonment for life – Court’s discretionary powers under section 19 of the Criminal Code Act.

FACTS

The accused had strained marital relationship with his wife and she returned to live in her village.  He heard from other villagers that his wife was having extra marital relationship with the deceased.

So on 10th February 2016, the accused armed with a bush knife went to the wife’s village and hide in the bushes and waited for the deceased to appear.  The deceased went to the accused’s wife and asked her for sago to cook.  She told him to wait as she was putting her granddaughter to sleep. 

The deceased went and was engaged in sexual intercourse with the accused’s wife when attacked with a bush knife.  The accused used the bush knife to slash the deceased’s left chest, left shoulder and both legs (Achilles tendon).  The deceased screamed and attracted other people to go to the location.

The accused fled to the bush with the bush knife.  The medical report showed that the cause of the death of the deceased was collapsing of left lung and severe shock due to multiple knife wounds inflicted on the body of the deceased.

Cases Cited:

Manu Kovi –v- The State (2005) SC 789
Thress Kumbamong –v- The State (2008) SC 1017
The State –v- Michael Bake (2012) N4890 
The State –v- Michael Rende (2013) N5220
The State –v- Soso (2015) (N6082)

Counsel:

Ms J. Aihi, for the State.
G. Tine, for the Accused.

26th April, 2017

1.	 KOEGET AJ:  INTRODUCTION: The accused is charged with one count of Murder pursuant to section 300(1)(a) of the Criminal Code Act chapter 262.

ARRAIGNMENT:

2.	 The accused pleaded guilty to the charge and was convicted accordingly.

ISSUE:

3.	The issue for the Court to determine is what is the appropriate sentence the Court should impose.

LAW:

4.	The offence of murder is prescribed by s300 of the Criminal Code Act in the following:

“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 grievous bodily harm to the person killed or some other person;

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

ALLOCATUS:

5.	In allocatus, the prisoner apologise to the deceased’s family and his community.  He said he is sorry for what he did to the deceased.

PERSONAL PARTICULARS:

6.	The prisoner lived at Grengas village in Kiunga in the Western Province.  He is a villager and is 38 years of age.  He is married with six children whose ages range from 8 years to 19 years.

4.  He had no formal education but 3 years prior to the commission of the offence, he was employed as a labour by Syum Constructions Ltd.  He was a subsistent gardener at the time he committed the offence.

AGGRAVATING FACTORS:

5.	This was a vicious attack on an unarmed person.  A bush knife was used to inflict multiple injuries on the deceased.

6.	The prisoner had planned the attack so he went armed with a bush knife and hid in the bushes near his wife’s house and waited for the deceased to appear.  The killing of the deceased was in the village within full view of other villagers and a life has been lost.

MITIGATING FACTORS:

7.	The prisoner was remorseful.  He pleaded guilty to the charge and was convicted accordingly, so he saved valuable time of the Court.  He cooperated well with the police by admitting the commission of the offence at the outset. 

8.	The prisoner was provoked to do what he did to the deceased because the deceased had committed adultery with his wife.  The prisoner found the deceased committing adultery with his wife so he attacked the deceased with the bush knife.

9.	The prisoner has been in custody for 10 month 2 weeks awaiting disposal of his case.

SENTENCE:

10.	The guideline in the cases referred to above are useful and I apply them to this case.

11.	Although this was a very vicious attack on an unarmed person, the prisoner was very angry at the sight of the deceased committing adultery with his wife within his view.  What man in his right frame of mind can withstand the temptation not to attack the adulterer?  Maybe very few.  The deceased brought death unto himself.

12.	In view of the guidelines cited above, and the fact that the deceased was seen by the prisoner committing adultery with his wife, the prisoner is sentenced to be imprisoned for 20 years in hard labour.  Since he had been in custody for 10 months 2 weeks, the pre-trial custody period is deducted.

13.	The prisoner is to serve the balance of 19 years 2 months and 2 weeks at Ningrum Corrective Institution Services.

________________________________________________________________
Public Prosecutor: Lawyer for the State
Public Solicitor: Lawyer for the Accused