The State v Sumbiako Wapuko (2003) N2444

• Jurisdiction: Papua New Guinea
• Judge: Jalina J
• Judgment Date: 31 July 2003
• Citation: (2003) N2444
• Court: National Court
• Year: 2003
• Judgement Number: N2444

Full Title: The State v Sumbiako Wapuko (2003) N2444

National Court: Jalina J

Judgment Delivered: 31 July 2003

N2444

PAPUA NEW GUINEA

[In the National Court of Justice]

CR 1264 of 2003

THE STATE

-V-

SUMBIAKO WAPUKO

Mt. Hagen: Jalina J

2003: 15 & 31 July

Criminal Law – Murder – Sentence – Plea of Guilty to chopping deceased several times with bush knife – First Offender – Failure by persons other than deceased to pay compensation ordered by Village Court for someone other than deceased chopping off brother’s arm at wrist which led to prisoner attacking deceased - Deceased an innocent party - Criminal Code s. 300.

Cases cited:

Simbe –v- The State, [1994] PNGLR 38,

The State –v- Peter Plesman and Paul Moaina, an Unreported National Court Judgment No. N1657 dated 30th October 1997

The State –v- Haihavu Kori Kaiks, an Unreported National Court decision dated 21st April 1998,

Jeffrey Harold Malepo –v- The State, an Unreported Supreme Court Judgment dated 13th December 2000,

Sap James Kumbapen –v- The State, (SCRA 14 of 2001), an Unreported Supreme Court Judgment dated 26th April 2001,

The State –v- Kore Ase, an Unreported National Court Judgment No. N2220 and dated 22nd June 2001.

The State –v- Peter Korak Siwi, (CR 1100/03) an Unreported National Court Judgment dated 30th July 2003.

Counsel:

J. Waine for the State

P. Kumo for the Prisoner

31 July 2003

JALINA J: You have pleaded guilty to a charge that on the 30th day of August 2002 at Kikita village, in the Tari area of the Southern Highlands Province you murdered one Andiki Talipe.

The facts of this case are that about 2 pm on the date in question, you approached the deceased while he was telling stories with a number of people and attacked him with a bushknife cutting him on his body several times. The deceased and those with him were unarmed and as such were unable to defend themselves.

The Medical Report shows that the deceased was referred to Pogera Hospital at 15.45 pm on the day of the attack. He had multiple lacerations to the limbs and face and was fully conscious but hypovolaemic distress. Surgery was conducted at 21.25 pm on the same day and the following injuries were noted:

(1) Forehead wound, cut through the outer table of skull exposing bilateral frontal sinuses with fracture of the bony nasal bridge.

(2) Severed extensor muscle organ at the left elbow.

(3) Fractured right carpal bone at wrist.

(4) Fractured middle right metacarpal.

(5) Severed right extensor tendons, flexor capillaries, ulna nerve, artery and vein.

(6) Lift haemopreumotheroax with lung induration.

At that time the following procedures were carried out by the hospital staff.

(1) Reconstruction of skull bone and bony nasal bridge.

(2) Repair of forehead muscle and skin.

(3) Repair of muscle of left elbow.

(4) ORIF right wrist joint and mid metacarpal.

(5) Right tendons were not repaired pending status of wound.

(6) Left chest tube thoracotomy with small amount of blood drained.

On the following day, 31st August 2002 the patient was stable, and actively recovering. Peritoneal lavage was carried out due to distressed abdomen but was negative. Further surgery was conducted on 6th September 2002 to re-insert left chest tube. The drain was removed on 26th September 2002 and further surgery was carried out on 11th October 2002 to close the skin defect at skull fracture site.

Over the following month, the patient’s condition improved, however in late October he was noticed to be jaundiced and complained of restlessness. Then on 28th October 2002 he had bleeding from the mouth and had loose watery stools, bloody diarrhea and dark coloured urine. On examination, he was drowsy and jaundiced with a tender distended abdomen. At this time, a diagnosis of acute liver failure was made.

Some other steps were taken to save his life but his condition deteriorated and he died at 03.30 hours on 30th October 2002.

The cause of death was Acute Liver Failure due to Hepatitis with additional cause being multiple knife wounds.

The maximum penalty for murder is life imprisonment under s.300 of the Criminal Code Act subject to the Court’s discretion to impose a lesser sentence under s. 19 of the Code. The prescription by the legislature of the penalty of life imprisonment reflects the seriousness with which it viewed this crime. Such a penalty no doubt reflects the importance the legislature has placed on the sanctity of human life. So to reflect the seriousness of such a crime the courts have exercised their sentencing discretion under s. 19 by the imposition of long periods of imprisonment.

For instance in Simbe –v- The State, [1994] PNGLR 38, the 14 year sentence imposed on the appellant who killed the deceased with a bush knife instantly when he saw the deceased enticing his wife into having sex with him was found by the Supreme Court not to be excessive.

In The State –v- Peter Plesman and Paul Moaina, an Unreported National Court Judgment No. N1657 dated 30th October 1997 Batari, AJ. (as he then was) sentenced the prisoners to 25 years imprisonment for the murder of brothers Ephraim Makis and Albert Uming inside their residential area. Ephraim Makis was shot at point blank range and Albert Uming was stabbed in the back several times.

In The State –v- Haihavu Kori Kaiks, an Unreported National Court judgment dated 21st April 1998, Los, J. imposed 23 years imprisonment on the prisoner who scaled the walls to the 4th floor of the Lodge Apartment, Hunter Street in Port Moresby and stabbed a geologist to death in the presence of his wife inside their apartment. In imposing the sentence the trial judge stressed that the offence was committed after invasion of the deceased’s private home or dwelling which was in effect done in breach of the deceased’s right to privacy of his home which was guaranteed under the Constitution.

In Jeffrey Harold Malepo –v- The State, an Unreported Supreme Court Judgment dated 13th December 2000, the Supreme Court dismissed the appellant’s appeal against a sentence of life imprisonment for murder. In that case the deceased was killed when she was tangled in the seatbelt of her...