The State v Sumbiako Wapuko (2003) N2444

• Jurisdiction: Papua New Guinea
• Citation: (2003) N2444
• Date: 31 July 2003
• Court: National Court
• Year: 2003

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

National Court: Jalina J

Judgment Delivered: 31 July 2003

1 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 s300.

2 Lawrence Simbe v The State [1994] PNGLR 38, The State v Peter John Plesman (1997) N1657, The State v Haihavu Kori Kaiks (Unnumbered and Unreported National Court Judgment of Los J dated 21 April 1998), Jeffrey Harold Malepo v The State (Unnumbered and Unreported Supreme Court Judgment dated 13 December 2000), Sap James Kumbapen v The State (SCRA 14 of 2001, Unnumbered and Unreported Supreme Court judgment dated 26 April 2001), The State v Kore Ase (2001) N2220 and The State v Peter Korak Siwi (2003) N2443 referred to

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Jalina J: You have pleaded guilty to a charge that on 30 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...