The State v Cain Namah

• Jurisdiction: Papua New Guinea
• Judge: Geita J
• Judgment Date: 11 February 2015
• Citation: (2015) N5990
• Court: National Court
• Year: 2015
• Judgement Number: N5990

Full : CR. 611 of 2013; The State v Cain Namah (2015) N5990

National Court: Geita J

Judgment Delivered: 11 February 2015

N5990

PAPUA NEW GUINEA

[IN THE NATIONAL COURT OF JUSTICE]

CR. 611 of 2013

THE STATE

-V-

CAIN NAMAH

Respondent

Vanimo: Geita J

2015: 10th & 11th February

CRIMINAL LAW – No case submission – Prima facie case established - Prosecution evidence -Essential elements made out - Effect of—Accused has case to answer

Cases cited:

The State v. Paul Kundi Rape [1976] PNGLR 96
The State v. Roka Pep (No. 2) [1983] PNGLR 287

Counsel:

Ms. Barbra Gore, for the State
Ms. Renatta Yayabu, for the Accused

RULING ON NO CASE SUBMISSION

11 February 2015

1. GEITA J: The accused pleaded not guilty to one count of manslaughter contrary to s. 302 of the Criminal Code Act, Chapter 262 (hereafter referred to as the “Criminal Code”)

2. The State alleges that on 22 September 2012 around 7-8pm the accused used his 9 millimetre pistol and shot the deceased on his right thigh. The deceased had accompanied a friend to the accused house at Wara Mon Oil Palm Base Camp to enquire about his friend’s wife when the incident happened. He was rushed to Vanimo General Hospital and received emergency medical treatment. On 24th September 2012, he suffered an epileptic fit around 6pm and eventually died one hour later around 7 pm.

3. At the end of the prosecution case Ms. Yayabu told court that she would be making a no case submission on behalf of her client. When the court resumed in the afternoon she moved her client’s application orally. The thrust of her submission being insufficiency of evidence and the dangers inherent in lawfully entering a conviction against her client. She conceded that the deceased shot the accused but the cause of his death was due to his epileptic fit condition. A verbal reply was also received from the State Prosecutor Mrs. Barbra Gore who submitted that there was sufficient evidence and invited the Court to exercise its discretion and allow the case to continue. Prior to considering the submissions and evidence so far presented before me, both Counsels were invited by court to address it on the legal principle of causation but none was forthcoming.

The Law on No Case Submissions

4.The law in relation to no case submissions is well settled in our jurisdictionas per the case of The State v. Paul Kundi Rape [1976] PNGLR 96. The Supreme Court case of Roka Pep v. The State (No. 2) [1983] PNGLR 287 followed the principles pronounced in this case:

"Where in criminal proceedings at the close of the case for the prosecution, there is a submission of no case to answer, the question is for the judge as a tribunal of law; the test is whether the evidence supports the essential elements of the offence.

Where the tribunal decides there is no case to answer the accused is acquitted and that is the end of the matter.

Where the tribunal decides there is a case to answer, it nevertheless has a discretion to stop a case at the close of all the evidence in appropriate circumstances; this discretion is exercisable where there is a mere scintilla of...