The State v Peter Erne
Jurisdiction | Papua New Guinea |
Citation | (1999) N1939 |
Date | 10 November 1999 |
Court | National Court |
Year | 1999 |
National Court: Sakora J
Judgment Delivered: 10 November 1999
1 Criminal law—unlawful grievous bodily harm
2 Sentencing
3 No cases of legislation referred to
___________________________
Sakora J: The State presented an indictment against you, charging you with one count of unlawfully doing grievous bodily harm to another person, a man by the name of Stanley Yange. It was alleged that this offence was committed at Erap, outside Lae, on 10 January 1999. Upon the charge being formally put to you by the Court, you pleaded guilty to the charge.
The agreed facts for your plea of guilty demonstrate the following circumstances. On the day in question about 12:30 pm, you and four other men were drinking beer under the Erap bridge. The victim and a friend, on their way back to Lae from Ramu in a motor vehicle, stopped at the bridge and went down to the river to collect some stones to build a "mumu". It was then that an argument started between you and your four friends and the victim and his friend.
It would appear that you and your friends, in your drunken state, suspected the victim and his friend to have fought with you earlier, and, therefore, you were demanding compensation from them. The arguments developed into physical confrontation between the two groups. The State's case was that it was during this confrontation that the victim received multiple knife wounds to his scalp, and also...
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The State v Michael Tangip (2012) N4782
...v The State [1990] PNGLR 6; Lawrence Simbe v The State [1994] PNGLR 38; Public Prosecutor v Don Hale (1998) SC564; The State v Peter Erne (1999) N1939; The State v Henry Idab (2001) N2172; Edmund Gima and Siune Arnold v The State (2003) SC730; John Baipu v The State (2005) SC796; Irai Thoma......
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The State v Lucy Rusa (2008) N3510
...imprisonment imposed - suspension of sentence inappropriate. Cases Cited: The State v Thomas Waim [1988] PNGLR 360; The State v Peter Erne (1999) N1939; The State v Laken Alois Yamain: CR No 249 of 2000 (Unnumbered & Unreported Judgment of 4 September 2000); The State v Ale Anesa: CR No 472......
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The State v Paul Membup (2008) N3679
...fined K300.00 Cases cited: The State v Kopiwan Pupuni (1998) N1709; The State v Nickson Pari (No 2) (2001) N2033; The State v Peter Erne (1999) N1939 1. GAVARA-NANU J: The accused pleaded guilty to unlawfully doing grievous bodily harm to one Peter Kan Kam on 27 December, 2007, at Londolovi......
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The State v Yatime Korogula (No 2) (2009) N3742
...wholly on condition of good behaviour and compensation of K2028.00 already paid—Criminal Code, s319 Cases Cited The State v Peter Erne (1999) N1939; The State v Larsen Talian (2003) N2382 SENTENCE 1. KIRRIWOM. J: The prisoner Yatime Korogula was found guilty after a trial and convicted of u......
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The State v Michael Tangip (2012) N4782
...v The State [1990] PNGLR 6; Lawrence Simbe v The State [1994] PNGLR 38; Public Prosecutor v Don Hale (1998) SC564; The State v Peter Erne (1999) N1939; The State v Henry Idab (2001) N2172; Edmund Gima and Siune Arnold v The State (2003) SC730; John Baipu v The State (2005) SC796; Irai Thoma......
-
The State v Lucy Rusa (2008) N3510
...imprisonment imposed - suspension of sentence inappropriate. Cases Cited: The State v Thomas Waim [1988] PNGLR 360; The State v Peter Erne (1999) N1939; The State v Laken Alois Yamain: CR No 249 of 2000 (Unnumbered & Unreported Judgment of 4 September 2000); The State v Ale Anesa: CR No 472......
-
The State v Paul Membup (2008) N3679
...fined K300.00 Cases cited: The State v Kopiwan Pupuni (1998) N1709; The State v Nickson Pari (No 2) (2001) N2033; The State v Peter Erne (1999) N1939 1. GAVARA-NANU J: The accused pleaded guilty to unlawfully doing grievous bodily harm to one Peter Kan Kam on 27 December, 2007, at Londolovi......
-
The State v Yatime Korogula (No 2) (2009) N3742
...wholly on condition of good behaviour and compensation of K2028.00 already paid—Criminal Code, s319 Cases Cited The State v Peter Erne (1999) N1939; The State v Larsen Talian (2003) N2382 SENTENCE 1. KIRRIWOM. J: The prisoner Yatime Korogula was found guilty after a trial and convicted of u......