SCR No 45 of 1996: Joe Foe Leslie Leslie v The State (No 2) (1998) SC561
| Jurisdiction | Papua New Guinea |
| Judge | Amet CJ, Kapi DCJ, Los J |
| Judgment Date | 07 August 1998 |
| Court | Supreme Court |
| Citation | (1998) SC561 |
| Year | 1998 |
| Judgement Number | SC561 |
Supreme Court: Amet CJ, Kapi DCJ, Los J
Judgment Delivered: 7 August 1998
SC 561
PAPUA NEW GUINEA
[In the Supreme Court of Justice]
SC REV NO. 45 OF 1996
BETWEEN:
JOE FOE LESLIE LESLIE
Appellant
AND:
THE STATE
Respondent
Waigani: Amet,CJ, Kapi, DCJ & Los,J
15 July 1997 & 7 August 1998
Criminal Law — Appeal against conviction — Appellant a prison escapee — Appellant convicted and sentenced for wilful murder — In concert unlawfully killed a policeman on lawful duties — Unlawful use of firearm — Section 7 and 8, Criminal Code Act — Appeal dismissed and conviction and sentence confirmed.
The appeal on conviction was dismissed.
Held: (1) Grounds of appeal were not made out.
(2) Either the appellant discharged the firearm or another member of his party with the knowledge and complicity of the appellant to warrant the application of sections 7 and 8 of Criminal Code to return a verdict of guilty against the appellant.
(3) Appeal dismissed, conviction and sentence confirmed.
K. Koeget for the Appellant
C. Manek for the Respondent
BY THE COURT: The Applicant was found guilty of wilful murder following a trial, convicted and sentenced to life imprisonment on 3rd October 1996.
He has filed appeal against his conviction on the following grounds:
(a) that the trial judge erred in law when he convicted the appellant on the charge of wilful murder by virtue of section 7 of the Criminal Code because there was no evidence that he aided and abetted the other person to kill the deceased
(b) that the trial judge erred in law when he convicted the appellant of the offence of wilful murder by virtue of section 7 of the Criminal Code because there was no evidence that he acted in concert with the...
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The State v Elizah Ute (2004) N2550
...I am of the view that, what the Supreme Court said about an offence of violence against a policeman, in Joe Foe Leslie Leslie v The State (1998) SC561 should also apply for the protection of all other persons providing a vital service to the community. This is necessary, given the hard econ......
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The State v Micky John Lausi (2001) N2073
...The State v Abel Airi (2000) N2007, The State v Morobet Awui Koma and Peter Kevin (1987] PNGLR 262, Joe Foe Leslie Leslie v The State (1998) SC561, Gimble v The State (1988–89] PNGLR 271, Tau Jim Anis v The State (2000) SC642, The State v James Gurave Guba (2000) N2020, R v Davey (1980] 2 A......
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The State v Tony Wartoto
...upon the both of you and this is clear by Section 7 and 8 of the Code, reinforced and made clear by Joe Foe Leslie Leslie v The State (1998) SC561. For purposes of sentencing I am guided by that case. That is you both were at the same place at the same time. Tony Wartoto you delivered the c......
-
The State v Elizah Ute (2004) N2550
...I am of the view that, what the Supreme Court said about an offence of violence against a policeman, in Joe Foe Leslie Leslie v The State (1998) SC561 should also apply for the protection of all other persons providing a vital service to the community. This is necessary, given the hard econ......
-
The State v Micky John Lausi (2001) N2073
...The State v Abel Airi (2000) N2007, The State v Morobet Awui Koma and Peter Kevin (1987] PNGLR 262, Joe Foe Leslie Leslie v The State (1998) SC561, Gimble v The State (1988–89] PNGLR 271, Tau Jim Anis v The State (2000) SC642, The State v James Gurave Guba (2000) N2020, R v Davey (1980] 2 A......
-
The State v Tony Wartoto
...upon the both of you and this is clear by Section 7 and 8 of the Code, reinforced and made clear by Joe Foe Leslie Leslie v The State (1998) SC561. For purposes of sentencing I am guided by that case. That is you both were at the same place at the same time. Tony Wartoto you delivered the c......