The State v Peter Kirivi [1987] PNGLR 489

• Jurisdiction: Papua New Guinea
• Judge: Kidu CJ
• Judgment Date: 02 February 1984
• Citation: [1987] PNGLR 489
• Court: National Court
• Year: 1987
• Judgement Number: N663

Full Title: The State v Peter Kirivi [1987] PNGLR 489

National Court: Kidu CJ

Judgment Delivered: 2 February 1984

1 Criminal law—official corruption

CRIMINAL LAW—Particular offences—Official corruption—Elements of offence—Need to prove corrupt use of office for gain—Criminal Code (Ch262), s87.

CRIMINAL LAW—Particular offences—Extortion by public officers—Elements of offence—Requires proof of bribery to perform duty of office—Does not apply to seeking extra emoluments—Criminal Code (Ch262), s88.

Held:

(1) Where a person being a public servant is charged with the offence under s87 of the Criminal Code (Ch262) of corruptly asking, receiving or obtaining any property or benefit of any kind for himself on account of anything done or to be done by him in the discharge of the duties of his office, proof is required of the corrupt use of the particular office held for gain.

R v David [1931] QWN 2, followed.

(2) Where a person, being a public servant is charged with the offence under s88 of the Criminal Code (Ch262) of taking or accepting from any person, for the performance of his duty as that officer, any reward beyond his proper pay and emoluments, proof is required that the public servant has the power to do something or to perform a public duty that he is entrusted with as a public servant and is bribed by someone to perform that duty or not to perform it: obtaining or...