Daniel Kemi Mebil v The State (2004) SC749
| Jurisdiction | Papua New Guinea |
| Date | 30 April 2004 |
| Citation | (2004) SC749 |
| Docket Number | SCRA No 17 oF 2003 |
| Court | Supreme Court |
| Year | 2004 |
Full Title: SCRA No 17 oF 2003; Daniel Kemi Mebil v The State (2004) SC749
Supreme Court: Injia DCJ, Kirriwom J, Gavara–Nanu J
Judgment Delivered: 30 April 2004
1 Criminal Law—Sentence—Attempted rape—Aggravating factors—Strong used to overcome strong resistance—Bushknife used to cut victim's hands—Appeal against six (6) years imprisonment—Appeal dismissed.
2 John Aubuku v The State [1987] PNGLR 267, Lawrence Hindemba v The State (1998) SC593, James Mora Meaoa v The State [1996] PNGLR 280, The State v Albert Monja [1987] PNGLR 447, William Norris v The State [1979] PNGLR 605, The State v Tobby Tani (1994) N2063 referred to
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By the Court: On 14 February 2003, the appellant pleaded guilty to a charge of attempted rape before the National court at Waigani.
He was sentenced to seven (7) years imprisonment in hard labour. He appeals against the sentence on the ground that the sentence was excessive in the circumstances. He submits that seven (7) years is a long time in prison and his education and employment opportunities will be lost. The circumstances of his offence were not as serious as two other attempted–rape cases (The State v Albert Monja [1987] PNGLR 447 and Otto Mara [quaere, The State v Ottom Masa (2000) CR542 of 2000 (Unreported and unnumbered judgment dated 20 December 2000, Kandakasi J)]) in which a sentence of 3 years and six years were imposed by other judges. He pleaded guilty before the court and asked the court for its mercy but the
Court did not accept his plea. Whilst serving his term, he has learnt his lesson and is now a changed person. He asks this Court to have compassion and reduce the...
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The State v James Yali (2006) N2989
...to sentence the offender above the starting point. (5) The offender was sentenced to 12 years imprisonment. Daniel Kemi Mebil v The State (2004) SC749, Didei v The State [1990] PNGLR 458, James Mora Meaoa v The State [1996] PNGLR 280, John Aubuku v The State [1987] PNGLR 267, John Jaminan v......
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The State v Alex Matasol Hagali (2006) N4491
...was deducted. None of the sentence was suspended. Cases cited The following cases are cited in the judgment: Daniel Kemi Mebil v The State (2004) SC749; John Aubuku v The State [1987] PNGLR 267; The State v Alex Hagali (2006) N4490; The State v Alphonse Apou Dioro (2003) N2431; The State v ......
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The State v Elias Mautu (2007) N5053
...and no part of the sentence was suspended. Cases cited The following cases are cited in the judgment: Daniel Kemi Mebil v The State (2004) SC749; The State v John Erip Muge (2006) N4476; The State v Julius Ombi (No 2) (2004) N2552; The State v Kakou Pilai (2005) N2945; The State v Otom Masa......
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The State v Gibson George (2009) N4205
...of age discussed Cases cited John Aubuku v The State [1987] PNGLR 267; The State v Tobby Tani (1994) N2063; Daniel Kemi Mebil v The State (2004) SC749; The State v Otto Paulus (2002) N2241; The State v. Arnold Wara Wara (2005) Unreported; The State v John Seregat (2007) N3266; The State v P......
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The State v Alex Matasol Hagali (2006) N4491
...was deducted. None of the sentence was suspended. Cases cited The following cases are cited in the judgment: Daniel Kemi Mebil v The State (2004) SC749; John Aubuku v The State [1987] PNGLR 267; The State v Alex Hagali (2006) N4490; The State v Alphonse Apou Dioro (2003) N2431; The State v ......
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The State v James Yali (2006) N2989
...to sentence the offender above the starting point. (5) The offender was sentenced to 12 years imprisonment. Daniel Kemi Mebil v The State (2004) SC749, Didei v The State [1990] PNGLR 458, James Mora Meaoa v The State [1996] PNGLR 280, John Aubuku v The State [1987] PNGLR 267, John Jaminan v......
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The State v Elias Mautu (2007) N5053
...and no part of the sentence was suspended. Cases cited The following cases are cited in the judgment: Daniel Kemi Mebil v The State (2004) SC749; The State v John Erip Muge (2006) N4476; The State v Julius Ombi (No 2) (2004) N2552; The State v Kakou Pilai (2005) N2945; The State v Otom Masa......
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The State v Gibson George (2009) N4205
...of age discussed Cases cited John Aubuku v The State [1987] PNGLR 267; The State v Tobby Tani (1994) N2063; Daniel Kemi Mebil v The State (2004) SC749; The State v Otto Paulus (2002) N2241; The State v. Arnold Wara Wara (2005) Unreported; The State v John Seregat (2007) N3266; The State v P......