The State v Inema Yawok

• Jurisdiction: Papua New Guinea
• Judge: Kirriwom J
• Judgment Date: 16 June 1998
• Citation: (1998) N1766
• Court: National Court
• Year: 1998
• Judgement Number: N1766

National Court: Kirriwom J

Judgment Delivered: 16 June 1998

1 Sentence—Escape from lawful custody—Mandatory minimum penalty of five years, s139 Criminal Code—No discretion to impose lesser sentence—But court has power to suspend all or part of the minimum sentence—Constitution s37(1), s37(3), s37(7), s37(11) and s41.

2 SCR 1 of 1994; The State v Aruve Waiba (1996) (Unreported and Unnumbered Supreme Court judgment (Los J and Salika J) dated 4 April 1996), The State v Danny Sunu [1983] PNGLR 396 and SCR No 1 of 1984; Re Minimum Penalties Legislation [1984] PNGLR 314 referred to

N1766

PAPUA NEW GUINEA

[In the National Court of Justice]

CR NO. 659 OF 1998

THE STATE

-V-

INEMA YAWOK

MADANG : KIRRIWOM J

1998 : 12 & 16 June

SENTENCE – Escape from lawful custody – Mandatory minimum penalty of five years, s.139 Criminal Code – No discretion to impose lesser sentence – But court has power to suspend all or part of the minimum sentence – Constitution sections 37(1),(3),(7),(11) and 41.

Facts:

Prisoner who came from a very remote part of inland Saidor District of Madang pleaded guilty to escaping from the lawful custody of the Jail Commander at Beon Corrective Institution.

He said he was confused by the environment he was thrown into where he witnessed so much violence amongst inmates and sexual attacks upon the young and weak inmates by the stronger ones. He felt quite unsecured and also saddened deeply by the murder of his nephew who became the victim as pay-back for his actions and for which he was serving his term in jail.

Held, sentenced to the minimum five years imprisonment which is wholly suspended on condition prisoner entered into good behavior bond for a period of 4 years.

Cases cited:

State v Aruwe Waiba – SCR 1 of 1994, 4 April 1996.

State v Danny Sunu & Others [1983] PNGLR 396.

Special Reference No.1 of 1984 of the Minimum Penalties Legislation

[1984] PNGLR, 314.

Counsel

J. Wala, for the State

D. Sakumai, for the Accused

16 June 1998

KIRRIWOM J.: The accused appeared before me on one count of escape. The charge was laid under s.139 of the Criminal Code which prescribes a mandatory minimum sentence of five (5) years imprisonment. He pleaded guilty to the charge. At the time of his escape, the prisoner was serving a term of three years imprisonment at Beon for killing his wife. The accused is an illiterate and simple villager from Teptep area situated in the mountain ranges of the inland Saidor District of Madang Province. Government influence in most part of this area is still very minimal and many people there live in the same way as their ancestors have lived before discovery by government officers.

On pleading guilty to the charge, the accused gave his reasons for escaping. His first reason was that whilst he was in prison, the relatives of his wife retaliated by killing his brother’s son. This news from home caused him much anxiety and...