The State v John Baipu (2003) N2451
| Jurisdiction | Papua New Guinea |
| Citation | (2003) N2451 |
| Date | 30 July 2003 |
| Court | National Court |
| Year | 2003 |
Full Title: The State v John Baipu (2003) N2451
National Court: Jalina J
Judgment Delivered: 30 July 2003
1 Criminal Law—Murder—Sentence—Plea of Guilty—First Offender—Attack on deceased uncle with bushknife—Deceased and others believed by prisoner to have been responsible for the death of his father and his wife by sorcery—evidence of prisoner torturing one suspect to death—prisoner taking the law into his own hands when matter already before Village Court—prisoner attacking suspects in breach of undertaking to Village Court officials not to attack suspects—whether belief in sorcery is a mitigating factor in the circumstances—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, The State v Sambura (2002) N2219 and Acting Public Prosecutor v Uname Aumane [1980] PNGLR 510 and The State v Kwayawako [1988] PNGLR 174 referred to
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Jalina J: This prisoner has pleaded guilty to a charge that he on 9 October 2002 at Fiwaga Village in the Pimaga area of the Southern Highlands Province, murdered one Hahu Hafinibu.
From the facts put to the court for purposes of arraignment as well the evidence as contained in the Statement of Village Court Chairman Buri Mea which is supported by Statements from Ward Councillor Nelson Tami and Councillor Mark Ganewabo, show that this prisoner had accused the deceased who was his real uncle and others of killing his father and his wife by sorcery between May and June 2001. He reported the matter to Village Court Chairman Buri Mea who in turn informed police at Pimaga and also set up a mediation team comprising himself, the two Councillors I have mentioned above and others.
The suspected sorcerers appeared at the mediation and...
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John Baipu v The State (2005) SC796
...and Mokepe Maingo v The State (2001) (Unreported and Unnumbered Supreme Court judgment dated 22 February 2001), The State v John Baipu (2003) N2451 referred to Facts The Appellant filed an appeal 20 days late and applied for review pursuant to s155(2)(b) of the Constitution. The Appellant w......
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In The Matter of Enforcement of Basic Rights under The Constitution of The Independent State of Papua New Guinea, Section 57 On the Own Initiative of the National Court Re Release of Prisoners on Licence (2008) N3421
...Matane [1985] PNGLR 329; The State v Bafe Quati [1990] PNGLR 57; The State v Enni Mathew (No 2) (2003) N2563; The State v John Baipu (2003) N2451; The State v Rodney Gela and Clarence Logi, CR Nos 1300 and 1301 of 2005, 27.10.05; The State v Tanedo (First and Second Interlocutory Judgments)......
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The State v Samuel Tavari (2014) N5619
...State (2004) SC738 Manu Kovi v The State (2005) SC789 The State v Jack Mek (1997) N1575 The State v Saku Sogave (2000) N2086 State v Baipu (2003) N2451 The State v Pake (2007) N5051 The State v Laiam (2010) N3995 The State v Anton (2010) N4117 The State v Lagu (2011) N4354 The State v Matai......
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The State v Jack Edward Rurua
...State (2004) SC738 Manu Kovi v The State (2005) SC789 The State v Jack Mek (1997) N1575 The State v Saku Sogave (2000) N2086 State v Baipu (2003) N2451 The State v Pake (2007) N5051 The State v Laiam (2010) N3995 The State v Anton (2010) N4117 The State v Lagu (2011) N4354 The State v Matai......
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John Baipu v The State (2005) SC796
...and Mokepe Maingo v The State (2001) (Unreported and Unnumbered Supreme Court judgment dated 22 February 2001), The State v John Baipu (2003) N2451 referred to Facts The Appellant filed an appeal 20 days late and applied for review pursuant to s155(2)(b) of the Constitution. The Appellant w......
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In The Matter of Enforcement of Basic Rights under The Constitution of The Independent State of Papua New Guinea, Section 57 On the Own Initiative of the National Court Re Release of Prisoners on Licence (2008) N3421
...Matane [1985] PNGLR 329; The State v Bafe Quati [1990] PNGLR 57; The State v Enni Mathew (No 2) (2003) N2563; The State v John Baipu (2003) N2451; The State v Rodney Gela and Clarence Logi, CR Nos 1300 and 1301 of 2005, 27.10.05; The State v Tanedo (First and Second Interlocutory Judgments)......
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The State v Samuel Tavari (2014) N5619
...State (2004) SC738 Manu Kovi v The State (2005) SC789 The State v Jack Mek (1997) N1575 The State v Saku Sogave (2000) N2086 State v Baipu (2003) N2451 The State v Pake (2007) N5051 The State v Laiam (2010) N3995 The State v Anton (2010) N4117 The State v Lagu (2011) N4354 The State v Matai......
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The State v Jack Edward Rurua
...State (2004) SC738 Manu Kovi v The State (2005) SC789 The State v Jack Mek (1997) N1575 The State v Saku Sogave (2000) N2086 State v Baipu (2003) N2451 The State v Pake (2007) N5051 The State v Laiam (2010) N3995 The State v Anton (2010) N4117 The State v Lagu (2011) N4354 The State v Matai......