N6884

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR No. 1087 of 2017

THE STATE

V

GAWERA WALTER

Daru	: Koeget, AJ
2017	: 14th, 15th September

CRIMINAL LAW-Indictable offence – Unlawful Killing – section 302 of the Criminal Code Act – plea – maximum sentence – exercise of Court’s discretionary powers 

FACTS

On the night of 9th May 2016 between ten o’clock and eleven o’clock the deceased Kikoio Manewa was drunk shouting and accusing Gawera Walter’s wife of stealing K20.00 cash from him.

The accusation went on for a long period of time and it irritated the accused Gawera Walter so he intervened and punched the deceased with his fist.  Then he picked up a timber and hit the deceased on the back.  The deceased fell to the concrete floor and remained motionless for some time.  He was rushed to Daru General Hospital and the doctors confirmed that the deceased had died before being taken to Daru General Hospital.

Cases Cited:		

Manu Kovi –v- The State (2005) (SC789)

Counsels:	

D. Mark, for the State
W. Dickson, for the Accused

15th September, 2017

1.     KOEGET AJ: INTRODUCTION: The accused is charged with one count of unlawful Killing pursuant to section 302 of the Criminal Code Act chapter 262.

ARRAIGNMENT 

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

ISSUE

3.   The issue for the court to determine is what is the appropriate sentence the court should impose upon him.

LAW

4. The law in relation to manslaughter is stated as follows:

   Section 302.  Manslaughter

“A person who unlawfully kills another under such circumstances as not to Constitute wilful murder, murder or infanticide is guilty of manslaughter.

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

PERSONAL PARTICULARS

5.   The prisoner is 24 years of age and is married with one child.  He is a fisherman and resides in Daru.  He completed grade 8 at Daru Chambers and returned to live with his parents until the date of commission of the offence.

AGGRAVATING FACTORS

6.    The prisoner was not insulted so ought not to have intervened and assaulted the deceased.  A stick was used to hit the deceased on the back of his shoulders causing him to fall on to the concrete floor.  A life is lost and can not be resurrected by apologies.

MITIGATING FACTORS

7.  The prisoner admitted committing the offence to the police.  He maintained admissions in the record of interview with the police.  In court he pleaded guilty to the charge and saved valuable time of the court.

8.    He has been in custody awaiting disposal of the case for one year, 6 months and 14 days.

THE LAW 

(1)	Manu Kovi –v- The State (2005) SC789.  The suggested sentence is between 8 – 16 years in hard labour.  The prisoner has no valid reason to be involved in the fight with the deceased.  The insults by the deceased were directed at his female companion that night.

(2)	He had a fist fight with the deceased and he was not satisfied so picked up the timber and hit the deceased causing him to fall to the concrete floor.

(3)	The prisoner must be punished for his actions in this case.

SENTENCE

9.    The prisoner is sentenced to be imprisoned for 14 years in hard labour.  The pre-trial custodial period of one year, 6 months and 2 weeks is deducted and he is to serve the balance of 12 years, 5 months and 2 weeks at Daru Corrective Institutional Service.

ORDER
____________________________________________________________
Public Prosecutor:   Lawyer for the State		
Public Solicitor:      Lawyer for the Accused