Max Java v The State (2002) SC701

• Jurisdiction: Papua New Guinea
• Judge: Kapi DCJ, Sheehan J, Davani J
• Judgment Date: 20 December 2002
• Citation: (2002) SC701
• Docket Number: SCR No 4 of 2002
• Court: Supreme Court
• Year: 2002
• Judgement Number: SC701

Full Title: SCR No 4 of 2002; Max Java v The State (2002) SC701

Supreme Court: Kapi DCJ, Sheehan J, Davani J

Judgment Delivered: 20 December 2002

1 CRIMINAL LAW—Judicial Review under s155(2)(b) of the Constitution—Conviction of murder on plea of guilty—Review against sentence.

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

___________________________

SC701

PAPUA NEW GUINEA

[In the Supreme Court of Justice at Waigani]

SCR No. 4 of 2002

BETWEEN:

MAX JAVA

Applicant

AND:

THE STATE

Respondent

Waigani: Kapi DCJ, Sheehan J and Davani J

2002: 3rd October, 20th December

CRIMINAL LAW – Judicial Review under s 155(2)(b) of the Constitution – Conviction of murder on plea of guilty – Review against sentence.

Appellant in person

K. Umpake for the State

20th December 2002

BY THE COURT: This is an application for judicial review brought pursuant to s 155(2)(b) of the Constitution in respect of a sentence imposed by the National Court.

On the 12th July 2001, the National Court sitting at Popondetta convicted the applicant Max Java of murder following his plea of guilty to that charge. He was sentenced to twenty years IHL. This application seeks to review his sentence.

The background to the charge against the applicant are that on the afternoon of the 4th July 2001, the applicant returned home to his block at Igora near Popondetta to be told by his wife that Jimmy Roger Maino, the deceased had destroyed their food garden. The applicant then went looking for the deceased armed with a grass knife. The deceased on seeing the applicant coming, started to run but the applicant pursued and got up with him and cut him several times with a grass knife causing severe injuries. The deceased died of massive blood loss from the injuries infected on him by the applicant.

Following the fatal assault on the deceased, the applicant went and reported what he had done to the Police Station at Popondetta. He told them that he had not wanted to kill but only to paralyse the deceased as a punishment for what he had done. He maintained that story in the record of interview and when charged with murder before the National Court readily pleaded guilty.

In mitigation counsel for the applicant in the National Court pointed out that the applicant had no previous convictions and that through the destruction by the deceased of the applicant’s food gardens did not amount to an excuse or mitigation in law, the actual provocation was nonetheless severe.

Having heard...