Home | Databases | WorldLII | Search | Feedback National Court of Papua New Guinea

State v Auma [2020] PGNC 315; N8520 (18 February 2020)

N8520

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR No. 1273 OF 2019

THE STATE

-v-

AUBU AUMA

CR No. 1274 OF 2019

THE STATE

-v-

KALOBE MANIYAEBI

Daru: Koeget, J
2020: 12^th, 18^th February

CRIMINAL LAW - Indictable offence – Murder pursuant to section 300 (1) of the Criminal Code – convicted on admissions in respective records of interviews – sorcery related killing – belief in the power of sorcery is a mitigating factor in sentences for homicide cases

Cases Cited:

The State v Dalim Oki Sabako (2019) N7764
Manu Kovi –v- The State (2005) SC789
The State –v- Jonah Maitoi
The State –v- Mathew Sarkai
The State –v- Mata Sake

Counsel:

D. Mark, for the State
J. Kolowe, for the Accuseds

18^th February, 2020

1. KOEGET J: INTRODUCTION: The accused persons are charged with one count of Murder pursuant to section 300 (1) of the Criminal Code Act chapter 262. They pleaded guilty to the charge and were convicted on their admissions.

FACT

2. On the morning of 19^th November, 2018 between nine o’clock and ten o’clock the prisoners were in Pastor Solomon’s house at Pisi Corner, Awaba in the Balimo sub district of the Western Province. The prisoner Kalobe Maniyaebi developed sharp pains on the left-hand side of his chest and they accused the deceased of causing the pain through the use of power of sorcery. They went to the deceased’s house and asked him to cure Kalobe Maniyaebi. The deceased agreed so he took them into his house.

3. Both accused assaulted the deceased with a bush knife and sticks causing multiple serious injuries and fled the crime scene but later surrendered to the police at Balimo station.

4. The relatives took the deceased to the Awaba Health Centre where he was pronounced dead on arrival.

Personal Particulars

Aubu Auma

5. He is 23 years of age and is a bachelor. He attended Kelua Teacher’s College in Jiwaka Province and returned home on holidays when he committed the offence. He is a first-time offender.

Kalobe Maniyaebi

6. He is 20 years of age and is a bachelor. He is a youthful first-time offender. In 2018 he attended Ali primary school and completed Grade 8 and was on school holidays when he committed the offence.

AGGRAVITNG FACTORS

7. Both prisoners acted in concert when they committed the offence. They used a bush knife and sticks to assault the deceased and serious injuries were inflicted from which the deceased died.

8. A life is lost and cannot be resurrected by mere apology or payment of a compensation to the relatives. Such offence is prevalent in the country these days.

MITIGATING FACTORS

Aubu Auma

9. He is a first-time offender. He surrendered voluntarily to the police on 19^th of November 2018 and has been in custody since that date. So he has been in custody awaiting disposal of the case for one year and three months.

10. He pleaded guilty to the charge and saved valuable time of the Court. So a discount in the sentence imposed ought to be accorded to him.

Kalobe Maniyaebi

11. The prisoner is a first-time youthful offender. He admitted commission of the offence to the police when he surrendered to them on 29^th November, 2018. He has been in custody awaiting disposal of the case for one year and three months.

12. He pleaded guilty to the charge and saved valuable time of the Court. So a lenient sentence ought to be imposed upon him.

SENTENCE

13. The prisoners are from rural villages in the Balimo sub-district of the Western Province. The belief in practice of sorcery and powers of sorcery are very strong amongst the people in those communities including those of the prisoners.

14. The deceased asked the prisoners for smoke (“spear”) but they did not give him. The prisoners went away and Kalobe Maniyaebi developed sharp pains on the left side of the chest. They concluded that the deceased through the power of sorcery had caused the severe pains in Kalobe Maniyaebi’s chest.

15. The prisoners went and requested him to cure Kalobe Maniyaebi and remove the pains in the left chest. The deceased agreed so they went into the deceased’s house where the deceased performed the magical powers on the prisoner Kalobe Maniyaebi.

16. The prisoners beat the deceased with sticks and used a bush knife to inflict serious injuries on his body.

17. In my view the belief in the power of sorcery in the communities in the rural areas of the country is considered a mitigating factor. So in this case such belief is a mitigating factor.

18. In the Supreme Court case of Manu Kovi –v- The State, the suggested tariff of sentences for such offence is a sentence between 13 – 16 years in hard labour. In this case the mitigating factors submitted on behalf of the prisoners outweigh the aggravating factors so lenient sentences are to be imposed. So the sentences are as follows:

(1) Aubu Auma

He is sentenced to be imprisoned for 16 years in hard labour. The pre-trial custodial period is deducted, so he is to serve the balance of 14 years and 9 months at Daru Corrective Institution Services.

(2) Kalobe Maniyaebi

He is sentenced to be imprisoned for 16 years in hard labour. The pre-trial custodial period of one year and three months is deducted and he is to serve the balance of 14 years and 9 months at the Daru Corrective Institution Services.

Accordingly ordered.
________________________________________________________________
Public Prosecutor: Lawyers for the State

Public Solicitor: Lawyers for the Prisoners