The State v Paulus Non Pable (1999) N1873
| Jurisdiction | Papua New Guinea |
| Judge | Injia J |
| Judgment Date | 11 June 1999 |
| Citation | [1999] PNGLR 468 |
| Court | National Court |
| Year | 1999 |
| Judgement Number | N1873 |
National Court: Injia J
Judgment Delivered: 11 June 1999
N1873
PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]
CR No. 872 of 1998
The State v- Paulus Non Pable
Mt. Hagen : Injia, J.
1998 : August 18
1999 : June 11
Criminal Law - Sentence - Manslaughter - Mitigating factor - Customary
Compensation - Payment of four (4) girls as part of compensation - Not a mitigating
factor.
Cases Cited in the judgment:
State -v- Rex Lialu [1990] PNGLR 487
In Re Miriam Willingal N1506 [1998]
The State -v- James Make N1748 [1998]
The State -v- Maria Er N1749 [1998]
J. Kesan for the State
B. Aipe for the accused
11th June, 1999
Injia, J.: The accused pleaded guilty to unlawfully killing one Bar Kapil, contrary to S.302 of the Criminal Code (Ch. No. 262).
The short facts of the case are that on 29 April 1998, the accused was gambling with the deceased and others at the remote Karap village, Jimi in the Western Highlands Province. In the course of the gambling, an argument occurred between the accused and the deceased over the accused’s 50t which the deceased stole but refused to return it. The accused got up and searched his pocket but the deceased punched him. The accused got upset and “hit him on the (left) side (ribs).....a little bit hard.” As a result the deceased died the same day. The medical report shows the cause of death as due to acute loss of blood from ruptured enlarged spleen.
On 18 August 1998, I adjourned this matter after hearing counsel’s submissions and directed the Probation Officer in Mt. Hagen to provide me with a report to enable me to consider the accused’s suitability for probation. I also directed the Probation Officer to investigate the defence counsel’s submission that four girls were paid as part of a customary compensation payment by the accused’s tribe to the deceased’s tribe. The matter was also...
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Manu Kovi v The State (2005) SC789
...State v Mark Porou (2004) N2655, State v Michael Gende (1997) N1678, State v Napoleon Seteb (1996) N1478, The State v Paulus Non Pable [1999] PNGLR 468, The State v John Peter Kot [2000] PNGLR 92, State v Steven Loke Uma, Charles Kaona & Greg Wawa Unreported National Court Judgment dated 7 ......
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The State v Sinzai Karawa (2004) N2631
...N2679, The State v Cosmos Kutau Kitawal (No 1) (2002) N2245, Rosa Angitai v The State [1983] PNGLR 185, The State v Paulus Non Pable [1999] PNGLR 468, Joseph Nimagi v The State (2004) SC741, Sakarowa Koe v The State (2004) SC739, Rex Lialu v The State [1990] PNGLR 487, Goli Golu v The State......
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Manu Kovi v The State (2005) SC789
...State v Mark Porou (2004) N2655, State v Michael Gende (1997) N1678, State v Napoleon Seteb (1996) N1478, The State v Paulus Non Pable [1999] PNGLR 468, The State v John Peter Kot [2000] PNGLR 92, State v Steven Loke Uma, Charles Kaona & Greg Wawa Unreported National Court Judgment dated 7 ......
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The State v Sinzai Karawa (2004) N2631
...N2679, The State v Cosmos Kutau Kitawal (No 1) (2002) N2245, Rosa Angitai v The State [1983] PNGLR 185, The State v Paulus Non Pable [1999] PNGLR 468, Joseph Nimagi v The State (2004) SC741, Sakarowa Koe v The State (2004) SC739, Rex Lialu v The State [1990] PNGLR 487, Goli Golu v The State......