Man gets 19 years for murder

The National Main Stories

By ZEDAIAH KANAU
A MAN who pleaded guilty to the wilful murder of his de-facto wife was jailed for 19 years with hard labour at the Bomana National Court yesterday.
Justice Panuel Mogish sentenced Sioni Ianeva Moi, 40, from Boera village in Central, saying that the case did not warrant the maximum sentence of death penalty due to the extenuating circumstances.
Justice Mogish said in determining whether the death penalty was appropriate, the court needed to be satisfied that the circumstances of the killing fell into the worst category of the offence under consideration.
State lawyer Solomon Kuku from the Public Prosecutor’s Office during submissions, said that a life sentence was appropriate for deterrence considering that a life was lost through the intentional use of a dangerous weapon.
Moi’s lawyer Malcolm Sumbuk submitted for a sentence between 20 and 30 years.
Justice Mogish in sentencing, considered past judgements where killings involving husband and wife and said life imprisonment could be imposed but there were extenuating circumstances.
He said these types of killings arose from marital discord and this laid outside the worst type of case and was a very common type of murder in the country.
“On the evidence before me, I am satisfied that the offender has demonstrated exceptional circumstance. Death was caused in the heat of passion by sudden provocation,” Justice Mogish said.
Justice Mogish deducted a year and three weeks spent in custody.
Moi will serve 17 years, 11 months and one week.
The deceased and Moi were in marital relationship.
On Nov 25, 2013, between 9am and 11am at Boera village, the deceased and her family were gathered in an open area to discuss the marital problems between Moi and the deceased.
Moi arrived later with his mother.
The deceased’s family wanted her to leave Moi because he was a violent man.
Moi was frustrated by the discussions.
He then removed a pocket knife from his trousers pocket and rushed over to the deceased while she was sitting and repeatedly stabbed her about four times in her abdomen, chest and hip area.
He fled after committing the crime. The deceased was rushed to Gerehu Hospital but died afterwards.
The autopsy report revealed that she had four 20mm stab wounds on her right hip, chest, front and left abdomen.

8 comments

  • Is the justice system implying that if a man murders his partner in the heat of an argument or provoked into committing the crime, it carries a lesser sentence? This is telling us that it is ok to take the life of another person.
    Life sentence or the maximum jail term should be applied in the case of a murder whether provoked or not.
    Justice is not served in this case.

  • Very lenient charges and sentencing will obviously lead to increase in GBV and domestic violence including killings like this in a marriage. Life imprisonment or the death penalty should be imposed on any one taking the life of another person in any way irrespective of the whatever extenuating circumstances the judge is referring to in this case.
    Justice is not served and will not be served for many similar cases. Judges in PNG are very lenient and full of compassion. These people should be working in the donor or humanitarian agencies and leave the job of a judge to people who can strictly deliver judges.

  • This guy deserves life imprisonment. What factors did the judge see that made him hand out much lesser penalty? This is murder in broad daylight watched by people of the village. He brought a knife for the sole purpose of murdering his wife or maybe anyone who stood in his way. The prosecution needs to appeal!

  • Honestly Justice Mogish? What kind of a sentence is this? This murderer should be given a life sentence or even better a death sentence. If he has killed his wife in the way described here in this paper, then the arguments of the Hon. Justices are not comprehensible.

  • Mogish you failed badly. I hope you loose your daughter in the same manner. We are talking about life being lost right under the very nose of more that the number required in your witness box.

  • Agree with West Taraka.

    Justice Mogish, what would you do if the victim was your very own daughter?

  • using a knife to attack someone shows an “intent to kill”

    knife – like a gun – is capable of killing a persons. We use knives to take lives of chicken, pigs and humans. Knife is used for killing in the PNG context.

    Justice is eye for an eye as a minimum requirement.

    “life for a life”

    Let’s be fair and let the victim of the family decide justice or at least tell us what they want and what is the common practice in their law. Not Mogish – this is just a job for Mogish and it doesnt affect his pay packet. This is not his family and really has no connection to the victim and the murder.

    Future: Victim and Murder should come up with what they consider as justice. Because this will affect their life – not Mogish or anyone in PNG. This is a fair system of justice used in PNG for over 40,000 years.

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