The State v Nickson Sambura and Trophimus Sambura (2002) N2219
| Jurisdiction | Papua New Guinea |
| Court | National Court |
| Citation | (2002) N2219 |
| Date | 18 April 2002 |
| Year | 2002 |
Full Title: The State v Nickson Sambura and Trophimus Sambura (2002) N2219
National Court: Jalina J
Judgment Delivered: 18 April 2002
1 Criminal Law—Sentence—Murder—Belief in sorcery—Deceased shot with a gun—Plea of guilty—Belief in sorcery as a mitigating factor—Criminal Code s300.
2 Lawrence Simbe v The State [1994] PNGLR 38 referred to
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Jalina J: These prisoners have pleaded guilty to one count of murder of one Spencer Opusa at Garuro Village, Oro Bay on the morning of Sunday 13 August 2000. Their co–accused Johnson Taimbari pleaded not guilty.
The acceptance of their plea of guilty was then deferred pending the trial of the accused Johnson Taimbari. The trial took the form of Counsel for the State tendering depositions by consent of Defence Counsel (except for the record of interview of the Sambura brothers) and both counsels making submissions. Following acquittal of Johnson Taimbari, I then proceed to read the record of interview after they were tendered by the State Prosecutor and convicted both accuseds for murder as charged.
Evidence shows that people in and around Garuro Village have become extremely concerned at the loss of life of many of their villagers as well as many others suffering from illness which hospital authorities could not diagnose. Consequently, they believed that those deaths and illnesses were through sorcery that someone was working against them but could not determine the actual person. Even police were called in to deal with the problem.
Even the prisoner Trophimus Sambura has...
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