SCR No 4 of 1992; John Fatty Marase v The State

• Jurisdiction: Papua New Guinea
• Judge: Hinchliffe J, Sheehan J, Brown J
• Judgment Date: 27 October 1994
• Docket Number: SCR No 4 of 1992
• Citation: [1994] PNGLR 415
• Court: Supreme Court
• Year: 1994
• Judgement Number: SC471

Supreme Court: Hinchliffe J, Sheehan J, Brown J

Judgment Delivered: 27 October 1994

PAPUA NEW GUINEA

[SUPREME COURT OF JUSTICE]

SCR NO 4 OF 1992

JOHN FATTY MARASE

V

THE STATE

Waigani

Hinchliffe Sheehan Brown JJ

27 October 1994

APPEAL — Leave to appeal although out of time — Convincing reasons why Court should exercise its constitutional power of review must be shown.

CRIMINAL LAW — Sentence — Cumulative sentences — Totality approach — Whether Court has apprehension that points raised by applicant might have been decided in his favour — Total cumulative sentence of 19 1/2 years for rape and robbery left unaffected.

Facts

The applicant sought leave to appeal, although out of time, against cumulative sentences of 19 1/2 years for rape, robbery, abduction and unlawful use of a motor vehicle, after trial in the National Court. His notice of appeal was prepared and lodged, in person, over 12 months after sentence.

Held

1. Convincing reasons must be shown before the Court will go behind the statutory provision allowing 40 days for the filing of notice of appeal, Supreme Court Act Ch 37, s 17 and Constitution s 155 (2) (b).

2. There must be clear circumstances, giving rise to an apprehension in the Court that the points raised by the applicant might be decided in his favour, before the Court will embark on a review of the National Court sentence.

3. Leave to appeal is refused because no sufficient reasons for the late submission of the notice of appeal have been shown.

Cases Cited

Avia Aihi v The State (No 2) [1982] PNGLR 44.

Mase v The State [1991] PNGLR 88.

Counsel

D Koeget, for the applicant.

B Unagui, for the respondent.

27 October 1994

HINCHLIFFE SHEEHAN BROWN JJ: This prisoner's notice of appeal was...