The State v John Rumet Kaputin [1979] PNGLR 532

• Jurisdiction: Papua New Guinea
• Judge: Prentice CJ, Saldanha J, Wilson J
• Judgment Date: 03 October 1979
• Citation: [1979] PNGLR 532
• Docket Number: Supreme Court Reference No 3 of 1979
• Court: Supreme Court
• Year: 1979
• Judgement Number: SC164

Full Title: Supreme Court Reference No 3 of 1979; The State v John Rumet Kaputin [1979] PNGLR 532

Supreme Court: Prentice CJ, Saldanha J, Wilson J

Judgment Delivered: 3 October 1979

PAPUA NEW GUINEA

[SUPREME COURT OF JUSTICE]

SUPREME COURT REFERENCE NO. 3 OF 1979 IN THE MATTER OF S. 20 OF THE SUPREME COURT ACT 1975 AND IN THE MATTER OF THE STATE

V

JOHN RUMET KAPUTIN

Waigani

Prentice CJ Saldanha Wilson JJ

3 October 1979

PRACTICE AND PROCEDURE — National Court — Reservation of question of law — Should only be made after issues decided — Supreme Court Act 1975, s. 20 Section 20 of the Supreme Court Act 1975 provides as follows:

"RESERVATION OF POINTS OF LAW.

(1) When any person is indicted for an indictable offence, the Judge of the National Court shall, on the application of counsel for the accused person made before verdict, and may in his discretion, either before or after verdict, without such application, reserve any question of law which arises on the trial for the consideration of the Supreme Court.

(2) If the accused person is convicted, and a question of law has been so reserved before judgement, the judge may either pronounce judgement on the conviction and respite execution of the judgement, or postpone the judgement until the question has been considered and decided, and may either commit the person convicted to prison or admit him to bail on recognizance, with or without sureties, and in such sums as the Judge thinks fit, conditional to appear at such time and place as the Judge may direct, and to render himself in execution, or to receive judgement, as the case may be.

(3) The Judge shall thereupon state, in a case signed by him the question of law so reserved, with the special circumstances upon which it arose, and the case shall be transmitted to the Supreme Court.

(4) Any question so reserved shall be heard and determined as an appeal by the Supreme Court.

(5) Any question so reserved shall be heard and determined after argument by and on behalf of the prosecution and the convicted person or persons if they desire that the question shall be argued, and the Supreme Court may —

(a) affirm the judgement given at the trial; or

(b) set aside the verdict and judgement and order a verdict of not guilty or other appropriate verdict to be entered; or

(c) arrest the judgement; or

(d) amend the judgement; or

(e) order a new trial; or

(f) make such other order as justice requires, or the Court may send the case back to be amended or restated."1.

PRACTICE AND PROCEDURE — Supreme Court — Interrupted and adjourned trial in National Court — Power to direct early completion of trial — Constitution of the Independent State of Papua New Guinea, ss. 37 (2), 57.

Held

(1) A judge of the National Court should only reserve a question of law for consideration of the Supreme Court pursuant to s. 20 of the Supreme Court Act 1975 after he has decided the facts and issues involved in the case before him.

(2) Where the trial of an accused has been prolonged and interrupted by reservation of questions of law, the Supreme Court may direct...