SC Review No 4 of 1990; Application by Wili Kili Goiya

• Jurisdiction: Papua New Guinea
• Judge: Sheehan J:
• Judgment Date: 28 June 1991
• Citation: [1991] PNGLR 170
• Court: Supreme Court
• Year: 1991
• Judgement Number: SC408

Supreme Court: Kapi DCJ, Los J, Sheehan J

Judgment Delivered: 28 June 1991

PAPUA NEW GUINEA

[SUPREME COURT OF JUSTICE]

APPLICATION BY WILI KILI GOIYA SC REVIEW NO 4 OF 1990

Waigani

Kapi DCJ Los Sheehan JJ

29 October 1990

28 June 1991

APPEALS — Appeal from Supreme Court — Final court of appeal — No power to review decisions of differently constituted Court — Constitution, s 155 (2) (a), (4).

ADMINISTRATIVE LAW — Judicial review — Jurisdiction of Supreme Court — No power to review decisions of differently constituted court — Constitution, s 155 (2) (a), (4).

PRACTICE AND PROCEDURE — Supreme Court — Appeals — Judicial review — No appeal from Supreme Court — No judicial review of Supreme Court decision — Constitution, s 155 (2) (a), (4).

Section 155 (2) (a) of the Constitution provides that the Supreme Court is the final court of appeal.

Section 155 (4) of the Constitution provides that the Supreme Court has "inherent power to make, in such circumstances as seem to them proper, orders in the nature of prerogative writs and such other orders as are necessary to do justice in the circumstances of a particular case".

Held

Where an appeal to the Supreme Court has been determined:

(a) s 155 (2) (a) of the Constitution prohibits any further or other right of appeal;

(b) s 155 (4) of the Constitution does not permit a differently constituted Supreme Court to review that determination.

Avia Aihi v The State [1981] PNGLR 81 and SCR No 2 of 1981; Re s 19 (1) (f) of the Criminal Code [1982] PNGLR 150, considered.

Cases Cited

Avia Aihi v The State [1981] PNGLR 81.

SCR No 2 of 1981; Re s 19 (1) (f) of the Criminal Code [1982] PNGLR 150.

Judicial review

This was an application for judicial review of a decision of the Supreme Court, dismissing an appeal against conviction and sentence.

Counsel

P Kunai, for the applicant.

V Noka, for the State.

Cur adv vult

28 June 1991

KAPI DCJ: The applicant was convicted by the National Court for wilful murder on 24 July 1985 in Wewak and sentenced to life imprisonment.

He appealed against both the conviction and sentence and the Supreme Court, on 30 April 1987, dismissed the appeal against conviction but allowed the appeal in respect of sentence and substituted 20 years in hard labour.

The applicant has made this application to review the decision of the Supreme Court dated 30 April 1987. This is an unusual application and the question of the jurisdiction of this Court was raised. Does the Supreme Court have power to review a decision of a differently constituted Supreme Court?

Counsel for the applicant has relied on s 155 (2) (a) and s 155 (4) of the Constitution.

SECTION 155 (2) (a) CONSTITUTION

Counsel submitted that under this provision this Supreme Court may review a decision of a differently constituted Supreme Court.

With respect, this provision does not assist the applicant at all. The terms of this provision would prohibit any further power of review.

Under s 37 (15) of the Constitution, every person convicted of an offence is entitled to have his conviction and sentence reviewed by a higher court or tribunal according to law. In the instant case, the applicant was convicted and sentenced...