title: Aubuku v. The State, 29 July 1987.
abstract: The Supreme Court of Justice of Papua New Guinea in this case set out guidelines for sentencing in rape convictions.  These guidelines follow principles expressed in the English Court of Appeal decision R. vs. Billam (1986).  They are as follows: "1) the offence is a serious crime which is to be punished by an immediate punitive custodial sentence other than in wholly exceptional circumstances; 2) for rape committed by an adult without any aggravating or mitigating features, a figure of five years should be taken as the starting point; 3) for rape committed by two or more persons acting together, or by a person who has broken into or otherwise gained access to a place where the victim is living, or by a person who is in a position of responsibility towards the victim, or by a person who abducts the victim and holds her captive, the starting point should be eight years; 4) for rape committed as part of a concerted campaign, where the accused represents more than an ordinary danger, a sentence of 15 years or more may be appropriate; 5) for rape committed in circumstances which manifest perverted or psychopathic tendencies or gross personality disorder, and where if the accused is likely, if at large, to remain a danger, a life sentence will not be inappropriate; 6) where any one or more of the following aggravating factors are present, the sentence should be substantially higher than the suggested starting point; a) violence over and above the force necessary to commit rape, b) use of a weapon to frighten or wound the victim, c) the rape is repeated, d) the rape has been carefully planned, e) the accused has previous convictions for rape or other serious offenses of a sexual or violent kind, f) the victim is subjected to further sexual indignities or perversions, g) the victim is either very old or very young, h) the effect upon the victim, whether physical or mental; and 7) matters which may be relevant to mitigation include: a) a plea of guilty, b) the age of the defendant, and c) the degree of involvement of the defendant in the planning and carrying into effect of the crime, but do not include d) the fact that the victim may be considered to have exposed herself to the danger by acting imprudently, and e) the previous sexual experience of the victim."
mesh_terms: D001519:Behavior; D003415:Crime; D003906:Developing Countries; D007603:Jurisprudence; D008542:Melanesia; D010139:Pacific Islands; D010219:Papua New Guinea; D011902:Rape; D012940:Social Problems; D014754:Violence
keywords: Behavior; Court Decision; Crime; Developing Countries; Melanesia; Oceania; Papua New Guinea; Rape--legal aspects; Social Problems; Violence--legal aspects