The State v Joseph Tunde Binape of Omdara Village, Gumine, Simbu Province ('Prisoner') (2004) N2727

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: (2004) N2727
• Date: 12 November 2004
• Year: 2004

Full Title: The State v Joseph Tunde Binape of Omdara Village, Gumine, Simbu Province ('Prisoner') (2004) N2727

National Court: Davani J

Judgment Delivered: 12 November 2004

1 Sentence—wilful murder—sorcery as a mitigating factor—relevant considerations—s299 of Criminal Code.

2 Sentence—wilful murder—payment of compensation, not a substitute for punishment—s2(1) of Criminal Law (Compensation) Act 1991.

3 Secretary for Law v Ulao Amantasi [1975] PNGLR 134, Goli Golu v The State [1979] PNGLR 653, Acting Public Prosecutor v Uname Aumane [1980] PNGLR 510, Ure Hane v The State [1984] PNGLR 105, The State v Margaret John (No 2) [1996] PNGLR 298, The State v Rex Lialu [1988–89] PNGLR 449, Tony Imunu Api v The State (2001) SC684, Aloises Peter Irobo Kovei v The State (2001) SC676, Kepa Wenege v The State (2004) SC742, The State v Jude Gena (2004) N2649 referred to

Sentence (Trial)

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Davani J: On 27 October 2004, after a trial, this court found the prisoner guilty of the offence of wilful murder. The matter was adjourned to 5 November 2004 for the court to administer the allocatus and for submissions on sentence.

Submissions on mitigation

Before discussing the State's submissions on sentence, I refer again to the evidence before the trial court in relation to the prisoner's involvement, that whilst a lot of people were in a house mourning the death of a young man whose body was in a coffin located in that house, the deceased then walked into the room. This was when the prisoner pointed at the deceased and told the deceased that he was the sorcerer. Then, the prisoner inflicted the first blow on the deceased using an axe, hitting the deceased in the back. He then inflicted the second blow to the back of the deceased's head. Immediately then, six men ran into the room and together with the prisoner, tied the deceased with ropes and hung him from the ceiling. This was when the prisoner gave the axe to one Ben Maere who swung the axe at the deceased's forehead and cut him on the head. The six men and the prisoner then took the deceased down from the ceiling and took him to a dark place at the back of Ben Maere's house where they then placed the deceased in a vehicle and drove off with it. The body was found two days later, in a partially decomposed state, at the end of the 7 Mile Jacksons aerodrome runway.

Mr Norum for the prisoner submitted that the offence is not the worst of its kind, that the prisoner is a first time offender, that he is the only breadwinner for his family, that he was provoked by the deceased's presence when he walked into the house of mourning because he believed the deceased had committed sorcery and had killed the young boy who had died. Mr Norum also submitted that compensation of K11,600.00 was paid by the prisoner's relatives to the deceased's relatives.

Mr Norum also submitted that the prisoner is married with two children aged 9 and 5 who are both adopted. At the time of the death, he was employed as a security guard at the Airways Hotel. He had been employed there from 1999 to the date of arrest and was residing at the 6 Mile settlement in Port Moresby. He...