Mako Ranjigi v The State
| Jurisdiction | Papua New Guinea |
| Judge | Kapi DCJ, Woods J, Los J |
| Judgment Date | 29 July 1994 |
| Citation | [1994] PNGLR 44 |
| Court | Supreme Court |
| Year | 1994 |
| Judgement Number | SC463 |
Supreme Court: Kapi DCJ, Woods J, Los J
Judgment Delivered: 29 July 1994
SC463
PAPUA NEW GUINEA
[In the Supreme Court of Justice]
SCA No.152 of 1993
MAKO RANJIGI
Appellant
V
THE STATE
Respondent
Mt Hagen : Kapi DCJ, Woods, Los JJ
27 and 29 July 1994
Benny Takin for the Appellant
Joeseph Kesan for the State
29th July 1994
BY THE COURT: This is an appeal against a conviction and sentence of 25 years for wilful murder imposed by the National Court sitting in Mount Hagen in November 1993. The Court found that the appellant was in a group of men who attacked and killed the deceased at Delapena Village in the Baiyer area of the Western Highlands in February 1991.
It is submitted that the conviction was unsafe and unsatisfactory for three reasons namely:
1. The evidence on the intention to kill was insufficient or inadequate,
2. The evidence on identification was insufficient or inadequate,
3. The Trial Judge erred in not giving weight on the evidence adduced by the Defence.
There is also an appeal against the severity of the sentence.
1. On the ground that the evidence on an intention to kill was insufficient we are satisfied that there was clear evidence before the court of a group attack on the deceased of the severity to imply an intention to kill. The motive appears to have been some retaliation for an incident earlier in the week. To inflict the injuries as described in the medical report and in the evidence of the attack could leave no doubt that there was an intention to kill. As the trial Judge said in her judgement "I find from the way the witnesses described the chase of the deceased and the blows given to him that these people went there that day with the intention of killing the man Napili", and we can find no error in her finding on this point.
2. On the ground that the evidence of identification was insufficient or inadequate we...
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