Peter Naibiri and Kutoi Soti Apia v The State (1978) SC137
| Jurisdiction | Papua New Guinea |
| Judge | Prentice CJ, Saldanha J, Andrew J |
| Judgment Date | 25 October 1978 |
| Citation | (1978) SC137 |
| Court | Supreme Court |
| Year | 1978 |
| Judgement Number | SC137 |
Full Title: Peter Naibiri and Kutoi Soti Apia v The State (1978) SC137
Supreme Court: Prentice CJ, Saldanha J, Andrew J
Judgment Delivered: 25 October 1978
PAPUA NEW GUINEA
[SUPREME COURT OF JUSTICE]
PETER NAIBIRI AND KUTOI SOTI APIA
V
THE STATE
Waigani
Prentice CJ Saldanha Andrew JJ
3 October 1978
25 October 1978
CRIMINAL LAW — attempted murder — life sentences — youthful offenders — whether excessive.
CRIMINAL LAW — attempted murder — potentially more serious than some crimes resulting in death.
Order
The Court orders that the appeals be refused and the convictions and sentences of the appellants be confirmed.
PRENTICE CJ SALDANHA ANDREW JJ: Life sentences have been imposed on each of the appellants on pleas of guilty to attempted murder. It is contended in the appeal that life sentences were not called for and should be set aside as excessive. It is conceded that any sentence substituted would require to be severe.
The appellant Naibiri is some 17 years of age; Apia some 19 years. The former enjoyed education to Form II standard, the latter is uneducated. Both are urban dwellers whose people derive from the Tapini and Kunemaipa Sub Districts respectively. On the night in which they committed the crime with which we are concerned, the appellants had broken, entered and stolen from premises, and had stolen the vehicle in which they were travelling when noticed by the police. A prolonged chase at very high speed through the streets of Moresby ensued. As His Honour the trial Judge put it, when cornered and their vehicle had gone off the road, they leapt to attack the three police who had been following them. In a very determined attack, armed with knives, the appellants (and allegedly another man) drove off two of the policemen, and returned to the police vehicle and stabbed twice in the chest and back the police driver. That the stab wounds did no worse than nick the liver and the corner of a lung and cause severe blood los, and that the driver in a desperate condition managed to drive himself off to help before collapsing, are matters that hardly can...
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The State v Kevin Anis and Martin Ningigan (2003) N2360
...are youthful offenders, in the range of 15 to 20 years. As the Supreme Court noted in Peter Naibiri and Kutoi Soti Apia v The State (1978) SC137, people in Papua New Guinea who fall into the age group 17 to 19 already assume adult responsibilities. Accordingly, they should be treated as suc......
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The State v Michael Waragu (2007) N3265
...Mandatititip v The State [1978] PNGLR 128; The State v John Badi Woli [1978] PNGLR 51; Peter Naibiri and Kutoi Soti Apia v The State (1978) SC137; Porewa Wani v The State [1979] PNGLR 593; Goli Golu v The State [1979] PNGLR 653; Acting Public Prosecutor v Konis Haha [1981] PNGLR 205; Avia A......
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The State v Elizah Ute (2004) N2550
...The State v Rex Lialu [1988–89] PNGLR 449, Joe Foe Leslie Leslie v The State (1998) SC560, Peter Naibiri and Kutoi Soti Apia v The State (1978) SC137, Ure Hane v The State [1984] PNGLR 105, The State v Michael Kamban Mani (2002) N2246, The State v Paul Yepei (No 2) (2004) N2571, The State v......
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The State v Henry Idab (2001) N2172
...Peremai Naroi v The State [1987] PNGLR 293, The State v Joe Foe Leslie Leslie (1996) N1496, Peter Naibiri and Kutoi Soti Apia v The State (1978) SC137, Ure Hane v The State [1984] PNGLR 105, The State v Rex Lialu [1988–89] PNGLR 449, The State v Abel Airi (2000) N2007 and The State v Billy ......
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The State v Kevin Anis and Martin Ningigan (2003) N2360
...are youthful offenders, in the range of 15 to 20 years. As the Supreme Court noted in Peter Naibiri and Kutoi Soti Apia v The State (1978) SC137, people in Papua New Guinea who fall into the age group 17 to 19 already assume adult responsibilities. Accordingly, they should be treated as suc......
-
The State v Michael Waragu (2007) N3265
...Mandatititip v The State [1978] PNGLR 128; The State v John Badi Woli [1978] PNGLR 51; Peter Naibiri and Kutoi Soti Apia v The State (1978) SC137; Porewa Wani v The State [1979] PNGLR 593; Goli Golu v The State [1979] PNGLR 653; Acting Public Prosecutor v Konis Haha [1981] PNGLR 205; Avia A......
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The State v Elizah Ute (2004) N2550
...The State v Rex Lialu [1988–89] PNGLR 449, Joe Foe Leslie Leslie v The State (1998) SC560, Peter Naibiri and Kutoi Soti Apia v The State (1978) SC137, Ure Hane v The State [1984] PNGLR 105, The State v Michael Kamban Mani (2002) N2246, The State v Paul Yepei (No 2) (2004) N2571, The State v......
-
The State v Henry Idab (2001) N2172
...Peremai Naroi v The State [1987] PNGLR 293, The State v Joe Foe Leslie Leslie (1996) N1496, Peter Naibiri and Kutoi Soti Apia v The State (1978) SC137, Ure Hane v The State [1984] PNGLR 105, The State v Rex Lialu [1988–89] PNGLR 449, The State v Abel Airi (2000) N2007 and The State v Billy ......