The State v James Tei Wena and Gend Yanisa Thomas (2000) N2304
| Jurisdiction | Papua New Guinea |
| Court | National Court |
| Citation | (2000) N2304 |
| Date | 21 September 2000 |
| Year | 2000 |
Full Title: The State v James Tei Wena and Gend Yanisa Thomas (2000) N2304
National Court: Kirriwom J
Judgment Delivered: 21 September 2000
1 CRIMINAL LAW—Particular Offences—Escape—Escape from lawful custody—Escape by prisoner—Exercise of Police discretionary powers when charging suspects for escaping from lawful custody—Criminal Code s139 and Summary Offences Act s22.
2 Words and Phrases—"Prisoner"—Escape from lawful custody [by prisoner]—Escape from lawful custody by an accused awaiting trial—Prisoner as convicted criminal or offender as opposed to an accused held on remand awaiting trial
3 Practice and Procedure—Plea of guilty—Rejection of plea by the trial judge after reading the depositions—Plea of not guilty entered—Prosecution offered no additional evidence other than the depositions already tendered in court—Acquittal ordered—Proper exercise of judicial discretion—Interest of justice—PNG Constitution, s155(4).
4 SCR 1 of 1994; The State v Aruve Waiba (1996) (Unreported and Unnumbered Supreme Court judgment (Los J and Salika J) dated 4 April 1996) and The State v Joe Ivoro [1980] PNGLR 1 referred to
The potential for abuse of police powers when choosing between summary process and proceeding by way of indictment discussed.
The inequity of the wider and literal meaning or definition of the term 'prisoner' as decided in The State v Alan Bekau [1982] PNGLR 119 was discussed.
Appropriateness of summary process under Summary Offences Act (Ch264) and by indictment under the Criminal Code (Ch262) alluded to.
Both accused were charged with escaping under s139 of the Criminal Code whilst awaiting trial at Barawagi jail outside Kundiawa. They were not convicted of any offence and were not serving any sentences to be categorized as prisoners. Both pleaded guilty to the charges which the Court rejected and entered pleas of not guilty in their behalf.
Issues:
(a) Whether the term 'prisoner' as used in s139 of the Criminal Code included accused person on remand awaiting trial in custody following committal?
Held, dismissing both cases, that the term 'prisoner' under s139 of the Criminal Code does not include an accused person on remand or in custody awaiting trial who is not serving sentence on a current warrant. Appropriate charge is s22 of the Summary Offences Act (Ch264).
The State v Alan Bekau [1982] PNGLR 119 not followed.
___________________________
Kirriwom J: These two accused persons pleaded guilty to escaping from the lawful custody of the commander of the Barawagi Jail outside Kundiawa.
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Edmund Gima v The State; SCA No 32 of 2002; Siune Arnold v The State (2003) SC730
...Joseph Balalau v The State (Unreported and unnumbered judgment delivered on 31 August 2001; SCRA 52 of 2000), The State v James Tei Wena (2000) N2304, The State v Inema Yawok (1998) N1766, The State v Thomas Waim [1988] PNGLR 360, The State v Richard Olso Kumis (1997) N1517, The State v Oku......
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The State v Weri Ambunop (2006) N3864
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The State v Gerald Kirafe (2005) N3660
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