The State v Jack Mek
| Jurisdiction | Papua New Guinea |
| Judge | Injia J |
| Judgment Date | 21 March 1997 |
| Citation | (1997) N1575 |
| Court | National Court |
| Year | 1997 |
| Judgement Number | N1575 |
National Court: Injia J
Judgment Delivered: 21 March 1997
N1575
PAPUA NEW GUINEA
[NATIONAL COURT OF JUSTICE]
CR 1623 OF 1996
THE STATE v JACK MEK
Wabag
Injia J
21 March 1997
CRIMINAL LAW — Murder — Sentence — Mitigating factor — Killing of a close relative — Accused killed step-father because of differences within the family — Observations on weight to be given to — Criminal Code (Ch. No. 262), S. 300 (1) (a).
Cases cited:
State v Laura (No. 2) [1988-89] PNGLR 98
Counsel:
P Kumo for the State
B Aipe for the Accused
21 March 1997
INJIA J: I found the accused guilty of murdering his own step-father contrary to S.300 (1) (a) of the Code. He applied several axe blows on the deceased's head and killed him because he took sides in an argument between the deceased and the accused's mother over one of their daughters. I found that the accused's mother incited him to kill the deceased as he had indicated to her previously.
The accused is a young man. He is single and I estimate his age to be in his early 20's. He is uneducated. He is a member of the Apostolic Church at Laiagam. He is a normal young man in the village.
His mother married the deceased after his father died. He was a small child when his father died. His real father and the deceased are brothers.
The killing of one's very close relative is not a common form of killing. For one to axe his own parent, it must be the upshot of some real differences in their family relationship. In this case, it is the differences between the two parents over one of their daughters, or the accused's sister. The full story is not in evidence. All that is before me is that the parents argued over this daughter who spent some time in Mount Hagen. Such internal family problems may not become apparent to outsiders unless members of the family choose to disclose it to the outsiders....
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Manu Kovi v The State (2005) SC789
...sectioned back and caused both lungs to collapse because the victim raped his brother's wife, non legal provocation); State v Jack Mek (1997) N1575 (8 years for killing his own father under stressful circumstances; State v Opuyau Helai (1997) N1533 (8 years for killing wife by chopping neck......
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The State v Maria Er
...State v Margret John N1342, Antap Yala v The State (1996) SCR 69 of 1996, The State v Bepi Molo Komaip (1997) N1557, The State v Jack Mek (1997) N1575 referred to ___________________________ Injia J: The accused pleaded guilty to murdering Miss Rosa Kopun on 19/04/98 at Kiam Village, Aviamp......
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The State v James Agamp Make, William Dot and Norman Pokop [1998] PNGLR 61
...Court judgment dated 1996, SCR No 41/94, Wampai Wampa v The State Unreported Supreme Court judgment dated 31/5/96 and The State v Jack Mek (1997) N1575 referred to ___________________________ Injia J: The three accused pleaded guilty to murdering one Daun Rombugl contrary to s300(1)(a) of t......
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The State v Samuel Tavari (2014) N5619
...and unreported dated 22nd November 2000) Joseph Enn v The State (2004) SC738 Manu Kovi v The State (2005) SC789 The State v Jack Mek (1997) N1575 The State v Saku Sogave (2000) N2086 State v Baipu (2003) N2451 The State v Pake (2007) N5051 The State v Laiam (2010) N3995 The State v Anton (2......
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Manu Kovi v The State (2005) SC789
...sectioned back and caused both lungs to collapse because the victim raped his brother's wife, non legal provocation); State v Jack Mek (1997) N1575 (8 years for killing his own father under stressful circumstances; State v Opuyau Helai (1997) N1533 (8 years for killing wife by chopping neck......
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The State v Maria Er
...State v Margret John N1342, Antap Yala v The State (1996) SCR 69 of 1996, The State v Bepi Molo Komaip (1997) N1557, The State v Jack Mek (1997) N1575 referred to ___________________________ Injia J: The accused pleaded guilty to murdering Miss Rosa Kopun on 19/04/98 at Kiam Village, Aviamp......
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The State v James Agamp Make, William Dot and Norman Pokop [1998] PNGLR 61
...Court judgment dated 1996, SCR No 41/94, Wampai Wampa v The State Unreported Supreme Court judgment dated 31/5/96 and The State v Jack Mek (1997) N1575 referred to ___________________________ Injia J: The three accused pleaded guilty to murdering one Daun Rombugl contrary to s300(1)(a) of t......
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The State v Samuel Tavari (2014) N5619
...and unreported dated 22nd November 2000) Joseph Enn v The State (2004) SC738 Manu Kovi v The State (2005) SC789 The State v Jack Mek (1997) N1575 The State v Saku Sogave (2000) N2086 State v Baipu (2003) N2451 The State v Pake (2007) N5051 The State v Laiam (2010) N3995 The State v Anton (2......