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State v Kapris [2021] PGNC 616; N9455 (15 April 2021)

N9455

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR NO. 330 OF 2020

THE STATE

V

JEREMIAH KAPRIS

Alotau: Koeget, J
2021: 09^th, 12^th &15^th April

CRIMINAL LAW –sentencing – prisoner pleaded guilty to offence of sexual penetration of a minor – offence prescribed by s229A (1)(2) & (3) Criminal Code Act – offence committed in circumstances of aggravation where offender is related to victim as a niece being younger brother of victim’s father – offender has committed offence in breach trust, authority and dependency – offender deemed as a serial sex offender having convicted and jailed previously for similar sexual offences – the need to separate offender from young females to avoid similar incidence from occurring – offender sentenced to 25 years in hard labour

Facts

The accused is charged with one count of sexual penetration of a minor pursuant to section 229A (1), (2), (3) of the Criminal Code Act (as amended).

Held:
Prisoner is sentenced to 25 years in hard labour less pre-sentence custody period.

Cases Cited:

Nil

Counsel:

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

15^th April, 2021

1. KOEGET J: INTRODUCTION: The accused Jeremiah Kapris is the paternal uncle of the victim Jaylyn Saki. He is the younger brother of the victim’s father.

2. On Wednesday 08^th of January 2020 at about 10 o’clock in the morning the victim and a cousin sister went to the bush to collect mangoes. The accused followed the two girls to the bush. He asked the victim to follow him to collect coconuts but she refused. The accused picked up a stick and hit the legs and hands of the victim. He undressed the victim and carried her to a secured part of the bush laid her down and had sexual intercourse with her. She bled from the vagina and cried. She walked to her cousin sister, wore her clothes and both returned home. The accused threatened to chop her neck should she report the incident to her parents.

3. She was unable to walk properly as she sustained injuries in her vagina and whenever she urinated she experienced pains and the parents realised that the victim was not walking properly. The mother enquired and she told her. The incident was reported to the police.

4. The accused pleaded guilty and was convicted accordingly.

Personal Particulars

5. He is 20 years of age and a bachelor. He completed Grade 3 at Budoya Primary School in 2003 and returned to live in the village as a subsistence gardener.

Aggravating Factors

6. Some force was used in the commission of the offence. He breached the relationship of trust, authority and dependency as the victim was the daughter of his elder brother.

7. He was convicted by the Esa’ala National Court in 2017 for sexual penetration of a minor and sentenced to be imprisoned for period of four years in hard labour. He served the sentence and was released from goal. He was in the village when he committed this offence.

Mitigating Factors

8. He admitted commission of the offence to the police in the record of interview. In Court, he pleaded guilty to the charge and so saved valuable time of the Court. He also saved the victim from coming to Court to give evidence before judge and be subject to cross-examination.

Sentence

9. The prisoner was 18 years of age when he committed the offence on the niece then aged six years old. The victim sustained injuries to the genitalia that required medical treatment. She lost her virginity at the age of six years when she had no knowledge of sex.

10. This is the second offence the prisoner committed of similar nature. He is a very dangerous person to be close to young female children even immediate family members as in this case so he must be kept away from children in the village.

11. He does not respect the laws of this country so must be sentenced for a long period of time so that children particularly young girls are free to roam the village day and night.

12. The prisoner is sentenced to be imprisoned for a period of twenty-five (25) years in hard labour. The pre-trial custodial period of one year, two months and three weeks are ordered to be deducted. The balance of twenty-three years, nine months and one week are to be served at Giligili Goal,

Orders

1. The prisoner is sentenced to be imprisoned for a period of twenty-five years in hard labour.
   
2. The pre-trial custodial period of one year, two months and three weeks are ordered to be deducted from the head sentence.
   
3. The balance of twenty-three years, nine months and one week is to be served at Giligili Goal.
   

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