The State v Lasi Mauwe and Maki Onopika

JurisdictionPapua New Guinea
JudgeKirriwom J
Judgment Date16 June 1999
CourtNational Court
Citation(1999) N1886
Year1999
Judgement NumberN1886

National Court: Kirriwom J

Judgment Delivered: 16 June 1999

N1886

PAPUA NEW GUINEA

(In the National Court of Justice)

CR No. 933 of 1998

STATE

vs

LASI MAUWE &

MAKI ONOPIKA

GOROKA: KIRRIWOM J

1999: 17, 19 May & 3 & 16 June

Counsels:

Mrs C. Ashton-Lewis for the State

Mr G. Gendua for the Accused

SENTENCE

16 June 1999

KIRRIWOM J: I found you two guilty of armed robbery. You and other persons held up a Toyota Hi Ace bus on the slope past Bena Bridge on the night of 22nd May 1998, while armed with a home-made shot-gun and other offensive weapons and stole some money from the driver and a pair of stockman boots from the off-sider or the crew-man. You protested your innocence when you were asked to say something before I passed sentence on you.

You asked the Court to impose a short term of sentence on you because you were innocent of the charge. You expressed your concerns that your relatives were threatened and terrorised into paying compensation of cash and goods to the owner of the motor vehicle when you were innocent of the charge.

2.

I accept that there was a raid carried out on the morning of 23rd May 1998 at Katagu village by people from Avani village. You two were apprehended in that raid and handed over to the police for this trouble. But you must also bear in mind that the raid was not prompted solely by this alleged offence. It seems the raid was more likely prompted by the abduction and pack-rape of an Avani girl from Susi’s Club. This girl was rescued in that raid and neither of you denies knowing this girl in the course of the night before the raid at Susi’s Club. You Lasi Mauwe thought that the raid on the village was because of the girl that Maki Onopika brought to the village. So you both knew there was reason for the raid and you were to be blamed.

It is however a coincidence that the owner of...

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4 practice notes
  • The State v Toipo Dimasi of Ahioma, Alotau, Milne Bay Province (No 2) (2008) N3551
    • Papua New Guinea
    • National Court
    • 10 September 2008
    ...in hard labour. Cases cited Gimble v The State [1988–89] PNGLR 271; Public Prosecutor v Don Hale (1998) SC564; The State v Lasi Mauwe (1999) N1886; Tau Jim Anis v The State (2000) SC642; Allan Peter Utieng v The State (2000) SCR No 15 of 2000; McKenzie Bonny v The State (2003) SCRA 78 of 20......
  • The State v Chris Banban and Nare Steri Banban (2004) N2645
    • Papua New Guinea
    • National Court
    • 31 August 2004
    ...Prosecutor v Don Hale (1998) SC564, Gimble v The State [1988–89] PNGLR 271, Tau Jim Anis v The State (2000) SC642, The State v Lasi Mauwe (1999) N1886 referred toJudgment On Sentence ___________________________ Manuhu AJ: Both of you pleaded guilty to one count of armed robbery. On 10 Janua......
  • The State v James Gatana, Michael Otly, Tonny Pidia, Thomas Damsy (2001) N2127
    • Papua New Guinea
    • National Court
    • 19 April 2001
    ...2001, Unnumbered and Unreported judgments of Lenalia J), The State v Steward Pariwan (1999) N1834, The State v Lasi Mauwe and Maki Onopika (1999) N1886, Acting Public Prosecutor v Joe Kovea Mailai (1981] PNGLR 258, Gimble v The State (1988–89] PNGLR 271 and Paulus Mandatititip v The State (......
  • The State v Jackson Nimai (2008) N3355
    • Papua New Guinea
    • National Court
    • 21 April 2008
    ...N 802 Public Prosecutor -v- Don Hale (1998) SC 564 The State -v- Thomas Waim [1998] PNGLR 360 The State -v- Lasi Mauwe & Maki Onopika (1999) N1886 Gibson Lulip -v- The State (2000) SC636 John Arua Peter -v- The State (2000) SC638 Tau Jim Anis -v- The State (2000) SC 642 The State -v- Kenned......
4 cases
  • The State v Toipo Dimasi of Ahioma, Alotau, Milne Bay Province (No 2) (2008) N3551
    • Papua New Guinea
    • National Court
    • 10 September 2008
    ...in hard labour. Cases cited Gimble v The State [1988–89] PNGLR 271; Public Prosecutor v Don Hale (1998) SC564; The State v Lasi Mauwe (1999) N1886; Tau Jim Anis v The State (2000) SC642; Allan Peter Utieng v The State (2000) SCR No 15 of 2000; McKenzie Bonny v The State (2003) SCRA 78 of 20......
  • The State v Chris Banban and Nare Steri Banban (2004) N2645
    • Papua New Guinea
    • National Court
    • 31 August 2004
    ...Prosecutor v Don Hale (1998) SC564, Gimble v The State [1988–89] PNGLR 271, Tau Jim Anis v The State (2000) SC642, The State v Lasi Mauwe (1999) N1886 referred toJudgment On Sentence ___________________________ Manuhu AJ: Both of you pleaded guilty to one count of armed robbery. On 10 Janua......
  • The State v James Gatana, Michael Otly, Tonny Pidia, Thomas Damsy (2001) N2127
    • Papua New Guinea
    • National Court
    • 19 April 2001
    ...2001, Unnumbered and Unreported judgments of Lenalia J), The State v Steward Pariwan (1999) N1834, The State v Lasi Mauwe and Maki Onopika (1999) N1886, Acting Public Prosecutor v Joe Kovea Mailai (1981] PNGLR 258, Gimble v The State (1988–89] PNGLR 271 and Paulus Mandatititip v The State (......
  • The State v Jackson Nimai (2008) N3355
    • Papua New Guinea
    • National Court
    • 21 April 2008
    ...N 802 Public Prosecutor -v- Don Hale (1998) SC 564 The State -v- Thomas Waim [1998] PNGLR 360 The State -v- Lasi Mauwe & Maki Onopika (1999) N1886 Gibson Lulip -v- The State (2000) SC636 John Arua Peter -v- The State (2000) SC638 Tau Jim Anis -v- The State (2000) SC 642 The State -v- Kenned......

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