The State v Sabarina Yakal [1988-89] PNGLR 129

• Jurisdiction: Papua New Guinea
• Judge: Brunton AJ
• Judgment Date: 26 April 1989
• Citation: [1988-89] PNGLR 129
• Court: National Court
• Year: 1989
• Judgement Number: N792

Full Title: The State v Sabarina Yakal [1988-89] PNGLR 129

National Court: Brunton AJ

Judgment Delivered: 26 April 1989

N792

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

THE STATE

V

SABARINA YAKAL

Kundiawa

Brunton AJ

14 April 1989

26 April 1989

CRIMINAL LAW — Sentencing — On plea of guilty — Use of depositions for purpose of sentencing.

Held

Depositions may be used on sentence on a plea of guilty provided the facts are not challenged and are within the bounds of reasonable possibility.

Public Prosecutor v Yapuna Kaso [1977] PNGLR 209 at 212 and Public Prosecutor v Tom Ake [1978] PNGLR 469 at 471, considered.

Cases Cited

Public Prosecutor v Yapuna Kaso [1977] PNGLR 209.

Public Prosecutor v Tom Ake [1978] PNGLR 469.

Judgment on Sentence

Following a plea of guilty to a charge of murder Brunton AJ delivered a judgment on sentence, a portion only of which is reported.

Counsel

L Kalinoe, for the State.

F Terra, for the accused.

Cur adv vult

26 April 1989

INTRODUCTION

BRUNTON AJ : The prisoner is a 25-year-old woman, married, with one child. She is charged with the murder of Kepaken Kia, her husband's uncle. The indictment was laid under s 300 (1) (a) of the Criminal Code (Ch No 262). The prisoner pleaded guilty to the indictment and her counsel Mr Tera furnished me with a certificate stating that the consequences of the plea had been explained to the prisoner.

THE DEPOSITIONS AND OTHER MATERIAL

The facts of this case were contained largely in the depositions which were handed up to me, after the prisoner had pleaded guilty to the indictment. There was also the statement given by the prisoner on her allocutus, the general uncontested remarks of counsel given from the Bar Table on the customary...