Jerry Wasu v The State (2002) SC697

• Jurisdiction: Papua New Guinea
• Citation: (2002) SC697
• Date: 20 December 2002
• Court: Supreme Court
• Year: 2002

Full Title: Jerry Wasu v The State (2002) SC697

Supreme Court: Kapi DCJ, Sheehan J, Davani J

Judgment Delivered: 20 December 2002

1 CRIMINAL LAW—Appeal against sentence—Manslaughter—Guilty Plea—First offender—Provocation in the non legal sense.

2 Wanosa v R [1971–72] PNGLR 90, William Norris v The State [1979] PNGLR 605, Rex Lialu v The State [1990] PNGLR 487, Acting Public Prosecutor v Nitak Mangilonde Taganis of Tampitanis [1982] PNGLR 299, The State v Wendy Leo (CR 144/01), The State v Eleke Aipanda (CR 405/01), The State v Laimia Leo (CR 657/01), The State v Lawaeye Saegihar (CR 269/02), The State v Hobert Erick (2002) N2201, The State v Brian Kasira (CR 105/02), The State v Karken Kinden (CR 145/02) and The State v Samuel Penimu (CR 273/02) referred to

___________________________

By the Court: This is an appeal by the appellant against sentence for manslaughter where the Court on the 16 November 2001 convicted the appellant and sentenced him to 12 years IHL. This sentence was reduced by 1½ years for time spent in custody awaiting trial. The appellant is presently serving a period of ten years and six months.

At the date of trial, the appellant was aged 28 years. He is from Kandu Wanum in the Angoram District of the East Sepik Province and is married with two children aged 4 and 6.

The appellant pleaded guilty to one count of manslaughter. The evidence is that on 28 October 1999 in the town of Popondetta, the appellant was...