Albert Toti Yohannes v The State

• Jurisdiction: Papua New Guinea
• Judge: Amet CJ, Salika J, Sakora J
• Judgment Date: 28 September 1998
• Citation: (1998) SC577
• Court: Supreme Court
• Year: 1998
• Judgement Number: SC577

Supreme Court: Amet CJ, Salika J, Sakora J

Judgment Delivered: 28 September 1998

SC577

PAPUA NEW GUINEA

[IN THE SUPREME COURT OF JUSTICE]

SCRA 69 OF 1996

ALBERT TOTI YOHANNES

- Appellant

-v-

THE STATE

- Respondent

WAIGANI

AMET, CJ; SALIKA & SAKORA, JJ

3rd March; 28th September, 1998

Criminal Law — Severity of sentence — Life imprisonment

Sorcery claim — Allocatus — Mitigating factor on sentence — No evidence.

Sorcery — Enquiry of accused and counsel — Assistance of Court — Mitigation

Held:

Appeal dismissed.

CASES CITED

1. Roger Jumbo and Aidam Awatan v The State (Unreported, Supreme Court decision, No. Sc 516, 26 March 1997).

2. Kwayawako v The State [1990] PNGLR 6.

Appellant In Person

Mr. P Mogish for the Respondent

28 September, 1998

BY THE COURT: APPEAL AGAINST SENTENCE

This was an appeal against a sentence of life imprisonment on conviction or two counts of murder and one court of wilful murder but accepted as murder on a plea.

The appellant was charged with one count of wilful murder, and two counts of murder. The State however accepted a plea to murder in relation to the wilful murder charge. He pleaded guilty to each of the two counts of murder and was sentenced to a term of life imprisonment on each of the charges. He now appeals against the severity of the sentence.

The facts of the case are that on the 5th October 1995 at, Kimbe the appellant armed himself with a bushknife and a grass knife and attacked Dennis Lalo. Denis Lalo was able to escape the attack but sustained some injuries. The appellant started chasing people within the vicinity. He noticed Kundi William carrying her five year old daughter Joycelyn. The appellant chased them and when he caught up with them he chopped them to death. At the time Kundi William was 9 months 2 weeks pregnant and Joycelyn was three years and six months...