N9452

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR NO. 166 OF 2020

THE STATE

V

MARGRET WABOMA

Alotau: Koeget, J
2021:  07th, 12th April

CRIMINAL LAW – guilty plea to charge of murder – offender murdered maternal aunt with small pocket knife – aggravating and mitigating factors – consideration of – appropriate sentence – consideration of – 8 years in hard labour less pre – sentence custody period

Cases Cited
Manu Kovi v The State (2005) SC789
The State v Lynette Lol (2019) N8206

Counsel
A. Kupmain, for the State
N. Wallis, for the accused

12th April,2021

1.	KOEGET, J: INTRODUCTION: The accused is charged with one count of Unlawful Killing pursuant to Section 32 of the Criminal Code Act Chapter 262.

Facts

2. The deceased Christable Babiloni was the maternal aunt of the accused. The relationship between them was an unhappy one as there were constant arguments and fights and on many occasions the deceased told the accused to return to live with her biological mother.

3.      On 13th of October 2019 at Sewai village, Normanby Island, Milne Bay Province, the accused in company of other females were returning from church service when the deceased confronted her. The confrontation became nasty and the fight erupted and in the cause of the fight, the accused used a small knife to stab the deceased on the left had side of her back below the shoulder blade. The deceased lost lots of blood, collapsed and died as a result.

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

Issue

5.      What is the appropriate sentence the Court should impose upon her. 
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        
Personal Particulars

6.      She is 22 years of age and is a subsistence gardener. She is a single mother and has an infant child cared for by her parents. She attended Ailuluai Primary School  and completed Grade 8. She returned to live in the village as a subsistent gardener till she committed the offence.

Aggravating Factors

7.      A weapon was used in the commission of the offence and a life is lost. It cannot be resurrected by mere apology. Such offence is prevalent in the Esa’ala District and in Papua New Guinea as well.

Mitigating Factors
8.      The prisoner is a first-time offender. She had attended United Church service and was returning home when the accused confronted her in the church ground and both fought.

9.      The deceased provoked the situation. The prisoner committed the offence in the heat of passion. 

10.    She admitted commission of the offence to the Police and so there are admissions in the record of interview.  In Court, she pleaded guilty to the charge and saved valuable time of the Court.

11.      Although a weapon was used in the commission of the offence, she did not plan to fight. The accused was to use the knife she carried to stab the deceased. She has been in custody awaiting disposal of the case for one (1) year, five (5) months and three (3) weeks.

Sentence
12.      The relationship between the deceased and the prisoner was not a happy one. The deceased was the maternal aunt of the prisoner and there were many instances of the deceased arguing and fighting with the prisoner in the village. In many instances, the deceased told the prisoner to return to live with her biological parents.
On the date of the offence, the prisoner attended church service in the hope she gives her life to God, the Creator, she will live a peaceful life in the village like other villagers. However, as she walked out of the church, the deceased confronted her in the church ground, both fought resulting in the prisoner stabbing the deceased with a small knife.
13.      Such death would not have occurred had the deceased did not come that morning and confront as she left the church and went outside. So, in the circumstances of the case, the deceased ought to take much of the blame. In my view, a lenient sentence ought to be imposed to demonstrate to would be offenders, that Courts do not tolerate such behaviours or conduct of persons in communities.

2.	In the exercise of the Court’s discretionary power under Section 19 of the Criminal Code Act, the prisoner is sentenced to be imprisoned for a period of eight (8) years in hard labour. The pre-trial custodial period of one year, five months three weeks are ordered to be deducted from the head sentence of eight years in hard labour. The balance of six (6) years, six (6) months and one (1) week is to be served at Giligili Goal.

Orders
 
1)	The prisoner is sentenced to be imprisoned for eight (8) years in hard labour.

2)	The pre-trial custodial period of one year, five months and three weeks are ordered to be deducted from the head sentence.

3)	The balance of six years, six months and one week are to be served at CS Giligili Goal.

Accordingly ordered.
____________________________________________________________________
The Public Solicitor: Lawyer for the Accused
The Public Prosecutor: Lawyer for the State