Joe Foe Leslie Leslie v The State

• Jurisdiction: Papua New Guinea
• Judge: Amet CJ, Kapi DCJ, Los J
• Judgment Date: 07 August 1998
• Citation: (1998) SC560
• Court: Supreme Court
• Year: 1998
• Judgement Number: SC560

Supreme Court: Amet CJ, Kapi DCJ, Los J

Judgment Delivered: 7 August 1998

SC560

PAPUA NEW GUINEA

[In the Supreme Court of Justice]

SCRA 82 OF 1996

JOE FOE LESLIE LESLIE

Appellant

V

THE STATE

Respondent

Waigani: Amet CJ., Kapi DCJ., Los J.

16th July 1997 & 7th August 1998

Criminal Law — Appeal against sentence — Appellant a prison escapee serving prior conviction for wilful murder — Attempt to unlawfully kill policeman in the execution of lawful duty — Offence tantamount to an attack on function of the Police Force under s 197 of the Constitution — Use of firearm — Increase in use of violence against police — No respect for the law and value of human life — Worst type of offence — Life imprisonment confirmed.

The appeal on both conviction and sentence but appeal against conviction was abandoned at hearing. The appeal against sentence was dismissed.

Held: (1) Courts must protect the police, as they carry out their duties, by stern

punishment on anyone who attacks them.

Peter Naibiri and Kutoi Soti Apia (Unreported judgement of the Supreme

Court dated 25th October 1978, SC137) re-affirmed.

(2) Where a policeman is attacked in the course of his lawful duty, the attacker

must be severely punished.

(3) Appellant was determined to fight even though the house was surrounded by

armed policemen. He showed no respect for law and the value of human life.

(4) Trial judge correctly imposed life imprisonment after taking into account prior conviction. Appeal dismissed and sentence confirmed.

Cases Cited:

Peter Naibiri and Kutoi Soti Apia v. The State (Unreported judgement of the

Supreme Court dated 25th October 1978, SC137).

Ure Hane v. The State [1984] PNGLR 105

D. Koeget for the appellant

C. Manek for the respondent

7th August 1998

By The Court: The appellant pleaded guilty to a charge of attempted murder pursuant to s 304 (a) of the Criminal Code (ch 262). The trial judge sentenced him to life imprisonment on 17th October 1996. The appellant filed an appeal in person against conviction and the severity of sentence.

At the hearing, the Public Solicitor granted legal aid and abandoned the ground of appeal against conviction. The appeal proceeded against sentence only.

The facts which form the basis of sentence are as follows. At the time the offence was committed, the appellant was a prisoner and had escaped from Bomana prison and was on the run. On 13th November 1994, police received a tip-off that he was seen at the Siraka Settlement. An operation code-named "Limalima" was mounted to arrest the appellant. At approximately 3 pm, police surrounded the house where the appellant was

hiding. Lawrence Torres, a policeman involved in the operation then proceeded up the steps of the house where the appellant was and called out if there was anyone in the house. There was no response so he pushed the door open and found the appellant lying on the floor with a sawn-off shotgun. The appellant fired and shot Mr Torres injuring him on the right shoulder. Mr Torres ran out of the house and he was taken to the hospital to be treated.

In the mean time, other policemen who had surrounded the house fired shots into the house to force the appellant out but he did not come out. The police then fired a gas canister into the house but still the appellant did not come out. During this time he fired another shot at the policemen outside but fortunately did not injure anyone. It was only after a fire started from the gas canister that was fired earlier that the appellant came outside the house. The police shot him on the leg and apprehended him.

The doctors report revealed that the victim suffered a ten percent loss of the efficient use of his right shoulder and this is a permanent disability. The doctor also reported that the victim...