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Name, Shame and Blame

Appendix 4. Summary of Sentences

In category ‘carnal knowledge’

This is drawn principally from Justice Woods’s private records of sentencing practice,1 derived annually from National Court judges’ monthly diaries for the years 1982–1997, and covering a range of indictable offences, including ‘Carnal Knowledge.’ These are the only years he was able to discover on a return trip to Port Moresby (April 2005) after he left the PNG Bench. There may be more extant. Woods J claims to be able to deduce the location of each judge by the preponderance of types of crime he/she dealt with.

The judge’s name is given in the first column. The description of each case in the second column is taken from the one-line summary of each judge’s five-line summary. The ‘Carnal Knowledge’ category included offences of both sodomy and indecent dealing between males many offences of interference with underage girls, and it was assumed that charges relating to the former were all indicated by reference to ‘boy’ or prison environment, and so are the only ones shown here. Where the case has been reported its name is shown in brackets. The last column indicates whether a guilty plea was entered (‘P’) or the case went to trial (‘T’). Plea cases are rarely reported unless there is an unusual sentencing issue.

Judge

Case description

Plea or trial

1990

Woods

old man with young boy indecent assault

T

Brunton

forced sodomy in prison (Bui)

P

1991

Kidu

attempted sodomy on boy

P

Ellis

sodomy

P

Jalina

sodomy, forced in gaol (Pos)

T

Jalina

sodomy, forced in gaol

P

1992–1993

Summaries not available

1993

Doherty

Rabaul: man forced 16-year-old in prison (Kuengu)

T

Sakora

Goroka: expat missionary with boy 8–9 (Merriam)

T

1994

Woods

16-year-old and 6-year-old boy

P

Hinchcliffe

15 years indecent assault of 7-year-old boy

P

8-year-old indecent dealing with 13-year-old boy

P

Brown

sodomy of another prisoner in gaol

P

Salika

unlawful carnal knowledge of boy

P

unlawful carnal knowledge of boy by 13-year-old

P

1995

Woods

with 10-year-old boy who was hospitalised

P

Andrew

33-year-old with 7-year-old boy

P

Sakora

sodomy at CIS, threatened victim

P

Samuel

sodomy

P

sodomy

T

Pitpit

with 6-year-old boy

P

1996

Andrew

18-year-old with 7-year-old boy

P

Akuram

with 10-year-old boy

P

Lenalia

with 6-year-old boy

P

1997

Jalina

high school teacher sodomy with student

P

Jalina

sodomy

P

Jalina

sodomy 17-year-old

P

Batari

15-year-old sodomy with 5-year-old

P

Source: Compiled by Justice Sir Robert Woods.

Cases reported only as ‘sodomy’ may or may not relate to incidents between consenting adults in private. The term ‘sodomy’ has come to encompass all acts of anal-penetrative sex between males, as Section 210 was always charged if provable, due to its significantly higher penalty.

1 Compiled by Justice Sir Robert Woods, commencing when he came from the Justice Department to the Bench in 1982 (photocopy documents in my possession, obtained courtesy of Justice Woods).


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