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State v Haro [1996] PGNC 51; N1514 (8 November 1996)

Unreported National Court Decisions

N1514

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

CR NO 456 OF 1996
THE STATE
v
JACK JOE HARO

Waigani

Batari AJ
7 November 1996
8 November 1996

CRIMINAL LAW - Murder - Sentence - Unprovoked assault - Hit deceased on head with full beer bottle - Mitigating factors - Consideration of - Plea of guilty - Seven years imprisonment IHL.

Cases Cited:

Lawrence Simbe v The State [1994] PNGLR 38

Sentence:

On a plea of guilty to one count of murder, the following judgment was delivered on sentence.

Counsel:

L Maru for the State

B Lomai for the Accused

8 November 1996

BATARI AJ: Jack Jro, you have beee been convicted of the murder of Erik Kairi following your plea of guilty. I mow pass sentence on youn you.

The background to youre was that on 13 August, 1994 at about 6.00 pm you and anot another person were on a road at Kaugere Settlement when the deceased Eriri, his wife and their infa infant daughter came along the same road towards their house at the Settlement. When the deceased as familfamily walked passed, you called out to him and he came to where you were. You had been ing and had ahad a full botf beer in your hand. You asked the ded for mone money and when he said he had none, yne, you struck him on the side of his head the full bottle of beer. He fell fre impact of t of t of that blow. You tried to attack him again but were distracted when his wife raised the alarm. She no doub become distresstressed by your sudden and unprovoked attack on her husband when she calledto stop. You and your friend turned on the deceased&#sed’s wife and chased her. Fortunately fr and her your young child, they were saved by seeking refuge at a nearby house.

Erik Kairi later that evening went to Badili Police Station with his wifinform the police of your attack. He had much difficufficulty walking to the Police Station because of the injury he had sustained to his head. He was admittePort Moresbyresby General Hospital but died three days later. Tdical Report show deceaseceased died from head anad and brain injury. The doctor found blood cl t on the left side of the brain and bleeding in the insideell as the outside of the brain with bleeding and swelling ling under the scalp.

The crime of murder carries a maximum penaltyife imprisonment. Thi; This is se it is a cr a crime of violence which results in loss of life. Any crime associated with or resulting in loss of life is considered as most serious. The pubook at the crime ofme of murder with abhorrence and that isrent in Parliament’s imposition of penal servitude of life imprisonment for thar that crime. re fortunate that imprisonrisonment is not mandatandatory. The ays I would impose a le a lesser term as might be appropriate in the circumstances of your and I would attempt to do just that.

(A) & MITON

Mr L>Mr Lomai has presented a considered plea in mitigation on your behalf. The pation of this submissimission has been of assistance when I deliberated yourshmen>

160; <;&160; #160;&#160 t&#Arres Cund Custody

Shortly after you committed this crime, police were loofor you. With elp of your parents, nts, you surrendered to the police. You were arrested and char charged on an information dated 25 Aug1994. On the previous day, that is the 24 August, 1994, you admitted your crime to thto the police and that was recorded in a R of Interview. In a wn a way, that s your your co-operation and admission of guilt from the beginning. I consider your attitude then as going to show genuine remorse for your conduct.

However, whilst in custody, you committed another offence by escapin60; Although I do not take your subsequent conviction as a prior conviction, the effect of t of your escape was that it reduced those considerations that pointed to your good conduct subsequent to your arrest.

I also have had regard to your re-arrest which again possibly came about with the assistance and co-operation of your parents as in the first instant. In the upshot, initial co-l co-operation lapse into insignificance when I consider these other matters. On ther hand you spent abot aboutnths in custody and I will deduct that period from the head sentence I am about to impose.

(ii) &##160;; 160a oleGuil y

In a case such as this a is a plea of guilty has substance in mitigation because ave save Counside timeexpeeexpenses in what could have been a trial on issues which appe appear inar indispudisputabletable on the face of witnesses statements our own Record of Interview with the police. Your pler plea has saved tved the deceased’s wife the daunting task of coming to Court and relieving those frightful moments when her husband was attacked and she had to flee with her baby girl for their afety.

(iii) < &ـ Remorsemorse

I cer ider your plea of guilty also supported your remorse which you openly expressed in Court. I ve you are truly sorry frry for your conduct and for the loss of a young life to the wife alatives of the deceased.

(iv) Riconcioiatp> It pas suas submitted by your lawyer, Mr Lomai that things are back to normal between you and that of the relatives of the deceased. You all lived at Kaugere Settlem#160;ver tis no basis for that chat contenontention.tion. It ot submitted that the mthe matter had been settled as amongst the relatives through some acble and binding form as for instanceugh paymentyment ment of compensation. State’s submission ndid not agree with your assertions of reconciliation. On the hand, you have note not sought to establish or press your contn after you raiseraise issue.

However it is apparent that there had been aeen attempts to influence or stop the prosecution of the prisoner. Whoeveinvolust be cautionetioned. Prosecutf those who who hwho have been committed for trial or who are charged with offences cannotictated by wishes of the relatives of the parties involved. If that to be the cahe case case, the ultimate result would be a total break down of law and order because there would be no respect for law, and there would be no respect and protection of rights of iduals which are fundamentamental to our democracy. I disregardassertions by D by David Karara in his Statutory Declaration on that basis.

(v) ҈& < P60; Personal Circumstanp>s

You are 20 years old and were 18 old at the time of the crie crime. You are single his is your your first time to be in trouble. You completed Gra at KilakKilakila Schod had studied Matd Matriculriculation subjects at UPNG and later at Port Moresby Institution of Matriculation Studies. Due to financardshou left left studies in June 1996 at the start of the the 2nd Semester. The Registrar of the Iute tute considered you to very keen student in furthering your studies. I accept that you havece lnce leaving sing school, made efforts to upgrade your eion qualification in order to improve your chances of emploemployment. I also have before me, a Reference from the Evangelism Eion Mission which show that that you have taken some counselling. I der what that means is t is that you have taken serious stewards spiritual change for the better. Your plea of g of guilty and expression of remorse may have also been out of a convictiot in God, there is forgivengiveness if one is truly sorry for his wrong. I also have regard to your plea that you come from a b family, the effect of whic which might have led you to take alcohol resulting in this crime.

(vi) ټ Motive