The State v Atau Gore (No 1) (2004) N2639

• Jurisdiction: Papua New Guinea
• Citation: (2004) N2639
• Date: 13 August 2004
• Court: National Court
• Year: 2004

Full Title: The State v Atau Gore (No 1) (2004) N2639

National Court: Manuhu AJ

Judgment Delivered: 13 August 2004

1 Criminal law—Particular offence—Armed robbery—No case to answer submission—Constitutional implications—Description of property—Threat of violence—Principal offender.

2 Criminal law—Particular offence—Armed robbery—Alternative charge—Attempted robbery.

3 The State v Roka Pep (No 2) [1983] PNGLR 287, The State v Paul Kundi Rape [1976] PNGLR 96, Lacis v Cashmar [1969] 2 QB 400 referred to

Ruling on No Case Submission

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Manuhu AJ: This is a no case to answer submission after the close of the prosecution's case in an armed robbery trial. The basis for the application are that first, there is no evidence to support the element of stealing; and, secondly, there is no evidence of threat of violence by the accused.

The Accused is charged that on 27 October 2001 at Three Mile, Lae, he stole from Suase Vanbruggen with threat of violence monies in the amount of K150.00 in cash the property of the said Suase Vanbruggen ("victim").

For the purpose of arraignment, and as brief as possible, the prosecution states that at...