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State v Robu [2025] PGNC 300; N11418 (18 July 2025)

N11418

PAPUA NEW GUINEA
[NATIONAL COURT OF JUSTICE]

CR NO. 1517 OF 2024

BETWEEN:
THE STATE

AND:
PETER PORONO ROBU
Accused

MANUS: DINGAKE J
18 JULY 2025

PRACTICE AND PROCEDURE – CRIMINAL LAW – charged with two counts
of sexual penetration – Section 229 A (1) (2) of the Criminal Code

Counsel
Mrs. Linda Maru for the State
Mr. Kusunan Pokiton for the prisoner

Cases cited
Hane v The State [1984] PNGLR 105
State v Kepas [2007] PGNC 77; N3192
State v Apelis [2018] PGNC 205; N7300

JUDGMENT

1. DINGAKE J: In this matter the accused pleaded guilty to two counts of sexual penetration pursuant to Section 229 A (1) (2) of the Criminal Code.
   
2. The Court being satisfied that the plea of guilty was in order, convicted him accordingly as charged.
   

ISSUES

3. Having convicted the prisoner, the next issue to consider is what is the appropriate sentence to impose on him.
   

THE LAW

4. The maximum penalty for the offence is life imprisonment.
   

RELEVANT PRINCIPLES TO CONSIDER

5. It is trite law that the maximum penalty is reserved for the worst type of cases (Ure Hane v. The State [1984] PNGLR 105).

CASE LAW

6. The case law cited to me by both counsel on appropriate sentences for this offence shows that sentences have ranged between 12 – 25 years imprisonment (State v. Ereman Kapas [2007] N3192; State v. Apelis [2018] PGNC 205 N7300.

DISCRETION

7. In terms of Section 19 (1) of the Criminal Code this Court has the power to suspend the sentence if there are good reasons to do so.

PERSONAL PARTICULARS

8. The Offender is aged 66 years old at the time of the offence. He is educated to grade 6. He is married and has six children. He is a member of the Catholic Church.

AGGRAVATING FACTORS

9. The aggravating factors in this case are:

• This victim child was 9 years old when she was first abused by the

Prisoner

• She was sexually penetrated by the Prisoner on 2 different occasions
• The Prisoner being an older member of the society easily used his position to manipulate the victim child
• She has been robbed of her innocence
• The victim child was 9 years old and the Prisoner was 66 years old.
  

MITIGATING FACTORS

10. The mitigating factors are as follows:

• The Prisoner’s early guilty plea
• He is a first-time offender
• He expressed remorse
• Prisoner’s advance age of 66 years at the time the offence was committed.
  

SENTENCE

11. I have taken into account all that I have said above, the personal particulars of the accused, the aggravating and mitigating factors.
    
12. I have taken into account the prisoner’s plea for lesser punishment.
    
13. I have had recourse to Section 19 of the Criminal Code.
    
14. The offence the prisoner has been convicted of is a serious offence. Upon conviction the maximum permissible sentence is life imprisonment.
    
15. I do not consider that it would be appropriate to suspend his sentence.
    
16. I note that the prisoner was detained for 15 days before being released.
    
17. Considering all the circumstances of the case, I sentence the prisoner to 14 years imprisonment. Fifteen days being the pre-trial custody period shall be deducted from the 14 years. The balance for the prisoner to serve is 13 years, 11 months and two weeks.
    
18. It is so ordered.
    

Lawyer for the State: Public Prosecutor
Lawyer for the prisoner: Public Solicitor