The State v Inema Yawok
| Jurisdiction | Papua New Guinea |
| Citation | (1998) N1766 |
| Date | 16 June 1998 |
| Court | National Court |
| Year | 1998 |
National Court: Kirriwom J
Judgment Delivered: 16 June 1998
1 Sentence—Escape from lawful custody—Mandatory minimum penalty of five years, s139 Criminal Code—No discretion to impose lesser sentence—But court has power to suspend all or part of the minimum sentence—Constitution s37(1), s37(3), s37(7), s37(11) and s41.
2 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), The State v Danny Sunu [1983] PNGLR 396 and SCR No 1 of 1984; Re Minimum Penalties Legislation [1984] PNGLR 314 referred to
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Kirriwom J: The accused appeared before me on one count of escape. The charge was laid under s139 of the Criminal Code which prescribes a mandatory minimum sentence of five (5) years imprisonment. He pleaded guilty to the charge. At the time of his escape, the prisoner was serving a term of three years imprisonment at Beon for killing his wife. The accused is an illiterate and simple villager from Teptep area situated in the mountain ranges of the inland Saidor District of Madang Province. Government influence in most part of this area is still very minimal and many people there live in the same way as their ancestors have lived before discovery by government officers.
On pleading guilty to the charge, the accused gave his reasons for escaping. His first reason was that whilst he was in prison, the relatives of his wife retaliated by killing his brother's son. This news from home caused him much anxiety and concern for his brother and other...
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Edmund Gima v The State; SCA No 32 of 2002; Siune Arnold v The State (2003) SC730
...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 Okuk Seke (1998) N1826, The State v Irox W......
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The State v Rudy Haiveta (2012) N4677
...the supervision of Probation Services Office in Port Moresby. Cases cited: The State v Jack Moge [1995] PNGLR 246; The State v Inema Yawok (1998) N1766; The State v Aruve Waiba (1996); SCR No 1 of 1994; The State v Thomas Waim [1998] PNGLR 360; The State v Richard Olso Kumis (1997) N1517; T......
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The State v Irox Winston (2003) N2347
...with a prior conviction—A deterrent sentence called for—Sentence of 5 years imposed—Criminal Code s139(1). 3 The State v Inema Yawok (1998) N1766, The State v Jack Moge [1995] PNGLR 246, SCR 1 of 1994; The State v Aruve Waiba (1996) (Unreported and Unnumbered Supreme Court judgment (Los J a......
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The State v Allan Nemo (2010) N4098
...sentence for rape - Criminal Code, Ch 262 - s19 & s139 (1). Cases cited: The State v Jack Moge [1995] PNGLR 246; The State v Inema Yawok (1998) N1766; The State v Aruve Waiba (1996); SCR No 1 of 1994; The State v Thomas Waim [1998] PNGLR 360; The State v Richard Olso Kumis (1997) N1517; The......
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Edmund Gima v The State; SCA No 32 of 2002; Siune Arnold v The State (2003) SC730
...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 Okuk Seke (1998) N1826, The State v Irox W......
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The State v Rudy Haiveta (2012) N4677
...the supervision of Probation Services Office in Port Moresby. Cases cited: The State v Jack Moge [1995] PNGLR 246; The State v Inema Yawok (1998) N1766; The State v Aruve Waiba (1996); SCR No 1 of 1994; The State v Thomas Waim [1998] PNGLR 360; The State v Richard Olso Kumis (1997) N1517; T......
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The State v Irox Winston (2003) N2347
...with a prior conviction—A deterrent sentence called for—Sentence of 5 years imposed—Criminal Code s139(1). 3 The State v Inema Yawok (1998) N1766, The State v Jack Moge [1995] PNGLR 246, SCR 1 of 1994; The State v Aruve Waiba (1996) (Unreported and Unnumbered Supreme Court judgment (Los J a......
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The State v Allan Nemo (2010) N4098
...sentence for rape - Criminal Code, Ch 262 - s19 & s139 (1). Cases cited: The State v Jack Moge [1995] PNGLR 246; The State v Inema Yawok (1998) N1766; The State v Aruve Waiba (1996); SCR No 1 of 1994; The State v Thomas Waim [1998] PNGLR 360; The State v Richard Olso Kumis (1997) N1517; The......