Anton Yani v The State

• Jurisdiction: Papua New Guinea
• Citation: (1999) SC615
• Date: 25 June 1999
• Court: Supreme Court
• Year: 1999

Supreme Court: Kapi DCJ, Sheehan J, Kirriwom J

Judgment Delivered: 25 June 1999

1 Criminal Law—Practice and procedure—Allocutus—Statements which raise a defence—duty to clarify issue with counsel

2 The State v Joe Ivoro and Gemora Yavura [1980] PNGLR 1, Gabriel Laku v The State [1981] PNGLR 350 referred to

3 Criminal Code s350(1) and s347 referred to

___________________________

By the Court: The appellant was charged with two counts (1) that on 18 July 1998 at Gordons he took away one Janet Mek against her will contrary to s350(1) of the Criminal Code (2) that on 18 July 1998 he had sexual intercourse with the said Janet Mek against her will contrary to s347 of the Criminal Code.

On 9 March 1999, he came before Salika J for trial. He was arraigned on both counts. He pleaded not guilty to the first count but pleaded guilty to the second count. The trial judge entered plea of not guilty on the first count and plea of guilty in respect of the second count.

Counsel for the State indicated to the Court that he would stand down the rape charge and proceed with the trial on the abduction charge. After a brief discussion, counsel for the State then offered no evidence on the abduction charge. The trial judge acquitted the appellant of the abduction charge.

In respect of the...