John Rumet Kaputin v The State

• Jurisdiction: Papua New Guinea
• Citation: [1979] PNGLR 559
• Date: 02 November 1979
• Court: Supreme Court
• Year: 1979

Supreme Court: Prentice CJ, Raine DCJ, Wilson J

Judgment Delivered: 2 November 1979

1 Interlocutory judgment—fresh evidence—principles—when admissible

2 CRIMINAL LAW—Appeal against sentence—Fresh evidence sought to be adduced—Principles—No exceptional circumstances—Leave refused.

3 APPEAL—Evidence—Appeal against sentence—Fresh evidence sought to be adduced—Principles—No exceptional circumstances—Leave refused.

4 CRIMINAL LAW—Appeal against sentence—Appeal against severity—Disobeying lawful order of court—Consent order of National Court—Company secretary ordered to make good company's default as to returns—Whether custodial sentence appropriate—Sentence of ten weeks' imprisonment confirmed.

This was an appeal against severity of sentence of ten weeks' imprisonment with hard labour imposed on the appellant, a Member of Parliament and Minister of State, on conviction for disobeying a lawful order issued by the National Court of Justice, and as provided by s209 of the Criminal Code. The order made by the National Court was one made by consent directing the appellant as Secretary of the New Guinea Development Corporation Limited to lodge the 1977 annual return of the company and other supporting documents within three months of 30 March 1978. The documents were eventually filed some fourteen months later but before trial. The evidence disclosed that the company had been persistently remiss in filing documents as required by the Companies Act 1963, despite...