Kuk Pum, Wimp Peke, One Reye, Kerua Guga and Akai Nui v The Queen [1974] PNGLR 103
| Jurisdiction | Papua New Guinea |
| Judge | Frost ACJ, Clarkson J, Williams J |
| Judgment Date | 01 July 1974 |
| Court | Supreme Court |
| Year | 1974 |
| Citation | [1974] PNGLR 103 |
| Judgement Number | FC63 |
Full Title: Kuk Pum, Wimp Peke, One Reye, Kerua Guga and Akai Nui v The Queen [1974] PNGLR 103
Full Court: Frost ACJ, Clarkson J, Williams J
Judgment Delivered: 1 July 1974
PAPUA NEW GUINEA
[SUPREME COURT OF JUSTICE]
KUK PUM AND OTHERS
V
THE QUEEN
Port Moresby
Frost ACJ Clarkson Williams JJ
26 June 1974
1 July 1974
CRIMINAL LAW — Appeal against sentence — Application to reduce sentence — Payback killing — Attempted murder — Causing grievous bodily harm with intent.
Held
That in respect of a "payback" killing, sentences of eleven years four months and ten years four months' imprisonment with hard labour for offences of attempted murder and causing grievous bodily harm with intent, respectively, should not be set aside as manifestly excessive, bearing in mind that past action by the courts has failed to check payback crimes, that the payback practice is now intruding into non-traditional relationships and that this extension must be discouraged.
Appeal
This was an application for leave to appeal against sentences imposed by the Supreme Court at Mount Hagen. Four of the appellants were convicted of attempted murder and sentenced to eleven years four months' imprisonment with hard labour, and a fifth was convicted of the offence of causing grievous bodily harm with intent to cause it, and sentenced to ten years four months' imprisonment with hard labour.
Counsel
W. J. Andrew, for the appellants.
C. F. Wall, for the respondent.
Cur. adv. vult.
1 July 1974
FROST ACJ CLARKSON WILLIAMS JJ: The five appellants seek leave to appeal against sentences imposed on them at the Mount Hagen sittings in August 1973. They had been jointly indicted for attempted murder and after trial four of them were convicted of this offence and the fifth, Kerua, of the offences of causing grievous bodily harm with intent to cause it. The maximum penalty for both offences is life imprisonment.
The four...
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Secretary for Law v Kaibug Jimbun and Peter Korua
...[1952] NZLR 193, R v ToVarula [1973] PNGLR 140, R v Bulda Melin [1973] PNGLR 278, R v Witrasep Binengim [1975] PNGLR 95, Kuk Pum v R [1974] PNGLR 103, Winugini Urugitaru v R [1974] PNGLR 283, Wanosa & Ors v R [1971–72] PNGLR 90, Secretary for Law v Ulao Amantasi [1975] PNGLR 134, Wanosa and......
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The Government of Papua New Guinea v Elizabeth Lauwasi Uguna Moini
...Court involve the conviction of persons for taking part in such paybacks. Two that occur to me that I have myself heard were Kuk Pum v R [1974] PNGLR 103, an attempt to murder a plant operator following injury to a tribal brother, and R v Suk Ula [1975] PNGLR 123, a payback on the road an h......
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The State v Lucas Kup
...Able bodied victim now disabled for life Prevalent offence Custodial term appropriate Cases Cited: The Queen v Pum [1974] PGSC 29; [1974] PNGLR 103 The State v Kenny Reuben Irowen [2002] PNGLR 190 The State v Ogi Songe [2017] N6759 The State v Philip Piapia [2017] N6763 The State v Steven T......
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Secretary for Law v Kaibug Jimbun and Peter Korua
...[1952] NZLR 193, R v ToVarula [1973] PNGLR 140, R v Bulda Melin [1973] PNGLR 278, R v Witrasep Binengim [1975] PNGLR 95, Kuk Pum v R [1974] PNGLR 103, Winugini Urugitaru v R [1974] PNGLR 283, Wanosa & Ors v R [1971–72] PNGLR 90, Secretary for Law v Ulao Amantasi [1975] PNGLR 134, Wanosa and......
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The Government of Papua New Guinea v Elizabeth Lauwasi Uguna Moini
...Court involve the conviction of persons for taking part in such paybacks. Two that occur to me that I have myself heard were Kuk Pum v R [1974] PNGLR 103, an attempt to murder a plant operator following injury to a tribal brother, and R v Suk Ula [1975] PNGLR 123, a payback on the road an h......
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The State v Lucas Kup
...Able bodied victim now disabled for life Prevalent offence Custodial term appropriate Cases Cited: The Queen v Pum [1974] PGSC 29; [1974] PNGLR 103 The State v Kenny Reuben Irowen [2002] PNGLR 190 The State v Ogi Songe [2017] N6759 The State v Philip Piapia [2017] N6763 The State v Steven T......