Lawrence Simbe v The State
| Jurisdiction | Papua New Guinea |
| Judge | Woods J, Konilio J, Sevua J |
| Judgment Date | 02 March 1994 |
| Citation | [1994] PNGLR 38 |
| Court | Supreme Court |
| Year | 1994 |
| Judgement Number | SC455 |
Supreme Court: Woods J, Konilio J, Sevua J
Judgment Delivered: 2 March 1994
SC 455
PAPUA NEW GUINEA
[In the Supreme Court of Justice]
SCA No.48 of 1992
LAWRENCE SIMBE v THE STATE
WAIGANI: Woods, Konilio & Sevua JJ
24 November 1993 & 2 March 1994
Criminal Law — Sentence — Murder — Each case must be decided on its facts.
Cases Cited:
The State v Laura (No.2) 1988-89 PNGLR 98.
The State v Manea 1983 unreported.
D Koiget for the Appellant.
R Auka for the State.
BY THE COURT: This is an appeal against the Sentence imposed by the National Court following a plea of guilty to murder. The facts before the National Court were that on 19 December 1991 the Appellant attacked the deceased with a bush knife and inflicted a substantial cut to the chest which in effect sectioned most of the ribs and caused his immediate death. The background to the killing was that the Appellant believed the deceased was trying to entice the appellant's wife into having some sexual liaison. The wife had told the Appellant about these advances. On the day in question the appellant followed the deceased to a garden area where the wife was working and upon seeing what he believed were signals to the wife trying to attract her attention and entice her he thereupon approached the deceased and chased him with a bush knife and chopped him and killed him.
In his evidence the appellant had said that he only wanted to put a mark on the deceased. The Trial Judge imposed a sentence of 14 years but deducted a total of 1 year for the time spent in custody and for the plea of guilty.
It has been submitted on behalf of the Appellant that the Trial Judge erred in that he failed to give sufficient consideration to the defacto provocation of the attempt to entice the wife and further that the sentence imposed was far outside the range of sentences imposed for murder...
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Manu Kovi v The State (2005) SC789
...State [1984] PNGLR 105, Jack Tanga v The State [1999] PNGLR 216, John Kalabus v The State [1988] PNGLR 193, Lawrence Simbe v The State [1994] PNGLR 38, Public Prosecutor v Apava Keru and Aia Moroi [1985] PNGLR 78, R v Peter Ivoro [1971–72] PNGLR 374, Rex Lialu v The State [1990] PNGLR 487, ......
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The State v Roger Kivini (2004) N2576
...to seriously, reconsider the guidelines set by The State v Eddy Kava Laura (No 2) [1988–89] PNGLR 98 and Lawrence Simbe v The State [1994] PNGLR 38. These guidelines were set in the 1980s and in the early 1990s. The circumstances in which those guidelines were set are no longer the same tod......
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CR. 1521 of 2010; CR. 1588 of 2010 State v Soti Mesuno, Luke Lungu Gihiye, Mesuno Lungu and Meki Shumbo Gihiye (2012) N4701
...Korua [1976] PNGLR 288; The State v Stanley Marai Uriye (2003) N2386; The State v Kepak Langa (2003) N2462; Lawrence Simbe v The State [1994] PNGLR 38; The State v Joe Bal Junior & Balito Sine (CR No 615 & 616 of 2009) unreported and unnumbered Judgement of 11 Nov. 2011; Goli Golu v the Sta......
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The State v Maggie Rumints (Prisoner) (2012) N4900
...v Tardrew [1986] PNGLR 91; The State v Frank Kagai [1987] PNGLR 320; Gimble v The State [1988–89] PNGLR 271; Lawrence Simbe v The State [1994] PNGLR 38; Public Prosecutor v Don Hale (1998) SC564; The State v Amos Kiap (2003) N2452; The State v Anton Vail (2003) N2473; The State v Yale Sambr......
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Manu Kovi v The State (2005) SC789
...State [1984] PNGLR 105, Jack Tanga v The State [1999] PNGLR 216, John Kalabus v The State [1988] PNGLR 193, Lawrence Simbe v The State [1994] PNGLR 38, Public Prosecutor v Apava Keru and Aia Moroi [1985] PNGLR 78, R v Peter Ivoro [1971–72] PNGLR 374, Rex Lialu v The State [1990] PNGLR 487, ......
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The State v Roger Kivini (2004) N2576
...to seriously, reconsider the guidelines set by The State v Eddy Kava Laura (No 2) [1988–89] PNGLR 98 and Lawrence Simbe v The State [1994] PNGLR 38. These guidelines were set in the 1980s and in the early 1990s. The circumstances in which those guidelines were set are no longer the same tod......
-
CR. 1521 of 2010; CR. 1588 of 2010 State v Soti Mesuno, Luke Lungu Gihiye, Mesuno Lungu and Meki Shumbo Gihiye (2012) N4701
...Korua [1976] PNGLR 288; The State v Stanley Marai Uriye (2003) N2386; The State v Kepak Langa (2003) N2462; Lawrence Simbe v The State [1994] PNGLR 38; The State v Joe Bal Junior & Balito Sine (CR No 615 & 616 of 2009) unreported and unnumbered Judgement of 11 Nov. 2011; Goli Golu v the Sta......
-
The State v Maggie Rumints (Prisoner) (2012) N4900
...v Tardrew [1986] PNGLR 91; The State v Frank Kagai [1987] PNGLR 320; Gimble v The State [1988–89] PNGLR 271; Lawrence Simbe v The State [1994] PNGLR 38; Public Prosecutor v Don Hale (1998) SC564; The State v Amos Kiap (2003) N2452; The State v Anton Vail (2003) N2473; The State v Yale Sambr......