Gibson Lulip v The State

• Jurisdiction: Papua New Guinea
• Judge: Hinchliffe J, Injia J, Sawong J
• Judgment Date: 31 March 2000
• Citation: (2000) SC636
• Court: Supreme Court
• Year: 2000
• Judgement Number: SC636

Supreme Court: Hinchliffe J, Injia J, Sawong J

Judgment Delivered: 31 March 2000

SC636

PAPUA NEW GUINEA

[In the Supreme Court of Justice]

SCRA 24 OF 1999

GIBSON LULIP

-Appellant-

THE STATE

-Respondent-

MT. HAGEN: Hinchliffe, Injia & Sawong JJ

2000: 27th, 31st March

Criminal Law — Sentence — Attempted Robbery — Robbery — Unlawful use of Motor Vehicle — Plea — Use of firearm — Firearm discharged — Person killed — Worst type of offence — 25 years imprisonment confirmed.

CASES CITED:

No Cases cited.

Appellant in Person

K. Umpake, for the Respondent

31st March 2000

BY THE COURT: The appellant pleaded guilty to a charge of attempted robbery pursuant to S 387(1) and (3), a charge of robbery pursuant to S 386 and a charge of unlawful use of a motor vehicle pursuant to S 383 of the Criminal Code (Ch. 262) respectively.

The trial judge convicted him on each charge and sentenced him to 25 years, 8 years and 2 years imprisonment on each charge respectively on 15 March 1999. He made the sentences on the robbery and the unlawful use of motor vehicle charges, to be concurrent with the 25 years imprisonment on the charges of attempted robbery. Thus the total effective sentence was 25 years imprisonment. The appellant filed an appeal in person against the severity of sentence.

The facts which form the basis of the sentences are as follows. Prior to the offence being committed, the appellant and several other men heard that a group of local land owners were going to collect some royalty payments that particular day. And so they then deliberately planned to hold them up and rob those villagers. On 27 day of July 1999, the appellant and his accomplices armed themselves with several firearms and other weapons, waited for the returned of the villagers from Kimbe. As they waited a truck carrying the said villagers approached where the appellant and his accomplices were hiding, the appellant and another man who were both armed with the shotguns came out of their hiding place, onto the road and pointed their guns at the driver in an attempt to stop the said vehicle and its passengers. However, the driver did not stop. When the driver did not stop the appellant's accomplice fired a shot at the front windscreen of the...