The State v Kepak Langa (2003) N2462

• Jurisdiction: Papua New Guinea
• Citation: (2003) N2462
• Date: 26 September 2003
• Court: National Court
• Year: 2003

Full Title: The State v Kepak Langa (2003) N2462

National Court: Jalina J

Judgment Delivered: 26 September 2003

1 Criminal Law—Particular offences—Wilful murder—Sentence—Deceased chopped several times on forehead with bush knives and axes—Conviction following trial—Deceased killed in ambush attack—Whether this wilful murder amongst worst category of wilful murders—Wilful murder through ambush attack within ambit of worst type wilful murder cases—Wilful murder and other homicide cases prevalent—Need for deterrence—Maximum penalty of death appropriate—Criminal Code s299(2).

2 Goli Golu v The State [1979] PNGLR 653, Avia Aihi v The State (No 3) [1982] PNGLR 92, Ure Hane v The State [1984] PNGLR 105, The State v Yapes Paege and Relya Tanda [1994] PNGLR 65, The State v Arua Maraga Hariki [2003] PNGLR 53, The State v Tumu Luna (2002) N2205, The State v Kiko Ipai (2002) N2268, The State v Sole Nare (2001) N2223, The State v Eliesa Kopeia Madiroto [1997] PNGLR 95 and The State v Alois Erebebe and Another (2003) (Unnumbered and Unreported National Court judgment in Goroka in handed down in September 2003) referred to

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Jalina J: This prisoner was charged with wilfully murdering one John Daniel at Imi Village, in the Enga Province on 18 November 2002. The deceased was chopped several times on the head by the prisoner and others in an ambush attack on a group of people the deceased was travelling with.

As the nature of the injuries sustained by the deceased is relevant on sentence I summarise the Medical Report of Dr Jeffrey Tore below:

"FINDINGS:

External—A young highlands male of 28 years, lying dead on the trolley. Had multiple lacerations to the face. Blood all over the face and head.

1. Forehead: Laceration x 3

2. Left side laceration measured about 17 cm in length and about 2 cm in width. The wound extended up to the scalp. The frontal bone was fractured (broken), involving brain tissues which were seen lying outside the wound.

RIGHT FOREHEAD:

Laceration x 2

One measured about 10 cm in length and 2 cm in width. The frontal bone was broken (fractured). Brain tissue could also be seen through the wound.

The other one measured about 4 cm in length and 1 cm in width.

There was a laceration on the nose also. The laceration measured about 6 cm in length and 2 cm in width. The nasal bone was fractured (broken). The left maxillary bone was also fractured and the base of the brain could be seen through the fractured bones.

BRAIN

Left Hemisphere lacerated more on the frontal area."

The cause of death was found to be due to traumatic injury to the head.

The prisoner had raised a defence of alibi whereby in both his record of interview with the police as well as in his oral evidence, he said that he was at Sangurap Village in Wabag with his elder brother Ikio Langa and Village Court Magistrate Wasaka Napali on the day in question. The Court however, found the State to have successfully negatived his defence and convicted him of the offence charged. He now appears before me for sentence.

The maximum penalty under s299(2) of the Criminal Code for the offence of wilful murder used to be life imprisonment but Parliament amended Subsection (2) and replaced life imprisonment with the death penalty.

It is well settled in this jurisdiction that the maximum penalty should be reserved for the most serious instances of the offence. In other words, the maximum penalty should be imposed only in cases properly categorized as "worst type" cases (see Goli Golu v The State [1979] PNGLR 653, Avia Aihi v The State (No 3) [1982] PNGLR 92 and Ure Hane v The State [1984] PNGLR 105.

The state prosecutor Mr Kesno has submitted that the maximum death penalty be imposed in this case because of a number of aggravating factors which brings it within the ambit of "worst category" or worst type" wilful murder cases. The aggravating factors he submitted were:

(1) Cold blooded ambush attack on a father with his three children and two other relatives.

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