N9458

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR NO. 218 OF 2021

THE STATE

V

BILLY PATRICK

Alotau: Koeget, J
2021:  16th July, 2nd August

CRIMINAL LAW – sentencing – prisoner pleaded guilty to offence of unlawful killing – prisoner charged under s302 Criminal Code Act – prisoner swung a wood and hit the deceased on the head when deceased and his wife were assaulting the prisoner’s brother who was lying on the ground – prisoner swung wood to scare people away from further assaulting his brother – prisoner’s actions not intentional or pre-planned – aggravating and mitigating factors considered – prisoner sentenced to 10 years in hard labour

 Facts

The accused is charged with one count of Manslaughter pursuant to Section 302 of the Criminal Code Act Chapter 262.

Held:

Prisoner sentenced to 10 years in hard labour

Cases Cited

Manu Kovi -v- The State [2005] PGSC 34, SC789
The State -v- Bilaga (2020) N8541

Counsel: 

D. Mark, for the State
C. Namono, for the Accused

2nd August, 2021

1.      KOEGET J: INTRODUCTION: On 21st October 2020 at about seven o’clock the accused and the deceased Wadokalani Hehonah and others drank beer at Diudiu village in the Huhu LLG, in Alotau District of the Milne Bay Province till about one o’clock in the morning when accused left and returned to his family house.
2.     There was commotion outside, heard people screaming and shouting at his brother so he went to investigate. His brother was attacked by Albert and wife. Albert punched the accused’s brother and he fell down and the wife attempted to use the stick she held to hit him as he lay on the ground.
3.     The deceased was stopping the fight when the accused swung the stick he held and hit the deceased on the head. The deceased fell to the ground and was rushed to the Alotau General Hospital. He died enroute to the hospital.

Issue
4.     The accused pleaded guilty to the charge so he was convicted accordingly. The issue for the Court to determine is what is the appropriate sentence Court should impose upon him.
5.     The following factors are considered by the Court to determine the appropriate sentence.

Personal Particulars
6.     He is 24 years of age and is a bachelor. He resides at Diudiu village as a subsistence gardener. He attended Holy Name High School at Dogura and completed Grade 10 at the end of 2014 and returned home to live as a subsistence gardener.

Aggravating Factors
7.    He used the wood to frighten people assaulting his brother but unfortunately the wood struck the deceased on the head and he died. A life is lost and cannot be resurrected by mere apology or payment of customary compensation.

Mitigating Factors
8.     There was no plan to assault the deceased with the wood and no intention to cause the death of the deceased. The prisoner is a first-time offender and is remorseful. He admitted commission of the offence to the police investigation during the record of interview between the police and himself. In Court he pleaded guilty and saved valuable time of Court. He has been in custody awaiting disposal of the case for 7 months and 3 weeks.

Sentence
9.     On 21st October 2020 at about seven o’clock at night the prisoner in company of the deceased and others drank alcohol and in the early hours of 22nd October 2020, the prisoner returned to his family home. There was commotion outside and people were shouting and screaming swearing at the prisoner’s brother. So the prisoner returned to the scene and saw a man and his wife assaulting his brother lying on the ground with sticks so he took a wood and swung it wildly to frighten people that gathered around his brother as he lay on the ground. The wood struck the deceased on the head and he fell on the ground. He was rushed to Alotau General Hospital but died enroute to the hospital. Such offence is prevalent in the communities in Milne Bay Province and the country as a whole.
10.     This case fall within the range of sentence suggested by the Supreme Court in the case of Manu Kovi -v- The State. The suggested term of sentence in that case is sentence of twelve years to fifteen years in hard labour (see category 1). In my view a lenient sentence below the Manu Kovi guideline is to be imposed.
11.     The prisoner is ordered to be sentenced to ten (10) years in hard labour. The pre trial custodial sentence of 7 months and 3 weeks is ordered to be deducted. The balance of nine years, four months and one week is to be served at Giligili.

Order.
12. The Court orders that:
1)	The prisoner is sentenced to be imprisoned for ten years in hard labour.

2)	The pre trial custodial period of seven months and three weeks are deducted.

3)	The prisoner is to serve the balance of nine years, four months and one week at Giligili Jail.

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