The State v Robin Donumb (2003) N2377

• Jurisdiction: Papua New Guinea
• Judge: Jalina J
• Judgment Date: 27 February 2003
• Citation: (2003) N2377
• Court: National Court
• Year: 2003
• Judgement Number: N2377

Full Title: The State v Robin Donumb (2003) N2377

National Court: Jalina J

Judgment Delivered: 27 February 2003

1 Criminal Law—Unlawful killing—Sentence—Sentence for unlawful killing with dangerous weapons should be higher than unlawful killing from rupture of spleen through single kick or punch—Criminal Code s302.

2 The State v Titus Wambun (No 2) (2002) N2311, The State v Samuel Benimo (2002) N2203 and The State v Clara John Gabriel (2003) N2378 referred to

___________________________

N2377

PAPUA NEW GUINEA

[In the National Court of Justice]

CR 282 of 2003

THE STATE

-V-

ROBIN DONUMB

Mt. Hagen: Jalina J

2003: 25 and 27 February.

Criminal Law – Unlawful killing – Sentence – Sentence for unlawful killing with dangerous weapons should be higher than unlawful killing from rupture of spleen through single kick or punch – Criminal Code s.302.

Cases cited:

The State –v- Titus Wambun, Unreported Judgment, N2311

The State –v- Samuel Benimo, Unreported Judgment, N2203

The State –v- Clara John Gabriel, Unreported Judgment in CR 292/03 dated 25th February, 2003.

J. Kesan for the State,

P. Kumo for the Prisoner.

SENTENCE

27th February, 2003

JALINA J: This prisoner has pleaded guilty to unlawfully killing one Andrew Mek Donumb at Korolka Village in the Western Highlands Province on 27th December 2002. He had apparently become upset and angered with the deceased and the deceased’s wife after they took back a son he had adopted from them under custom because he did not have a child of his own from his wife. He had in fact paid a pig and some money in accordance with their custom for the child.

Before he proceeded to the deceased’s house the prisoner told people that he had problems with the deceased and that he was going to solve it that day. He then went and attacked the deceased with a bushknife and then returned to the market and showed people at the market the bushknife with blood stains on it. He left the deceased after chopping him on the left knee. The deceased died from loss of blood.

The medical report revealed the following injuries through the single cut to the left knee:

(1) Left lateral epicondyle completely separated by a clean cut.

(2) Severed head of the left gastrocemics – both lateral and medial head.

(3) Severed popliteal artery and vein.

(4) Severed nerve common peroneal.

(5) Severed tendons of the biceps fessoris.

The prisoner has told the Court through his lawyer that after he arrived the deceased attacked him first and then he pulled the deceased’s knife away and cut the deceased with his (the deceased’s) own bushknife.

From the evidence of Monitha Andrew the wife of the deceased that her husband was on his way to Bilu market after having his bath coupled with the fact that the prisoner refused to tell the police during the record of interview as to what may have happened prior to the attack by him upon the deceased, I am of the opinion that the prisoner’s story about a fight between him and the deceased prior to him disarming the deceased and chopping the deceased with the deceased’s...