The State v Boat Yokum, John Yowa, Tawan Yasaling, Arabau Kakanana, Totonu Kakanana, Mine Basanu, Bayume Elli, Karao Kakanana and Bagon Yokum (2002) N2337

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: (2002) N2337
• Date: 04 December 2002
• Year: 2002

Full Title: The State v Boat Yokum, John Yowa, Tawan Yasaling, Arabau Kakanana, Totonu Kakanana, Mine Basanu, Bayume Elli, Karao Kakanana and Bagon Yokum (2002) N2337

National Court: Injia J

Judgment Delivered: 4 December 2002

1 Criminal Law—Sentence—Murder—Sorcery killing—Killing "reputed sorcerer" believed to have caused the death of the deceased and 53 other people previously—Whole community's decision to put an end to their suffering by terminating the deceased, carried out by prisoners—Punitive and deterrent sentencing theory emphasized—Rehabilitative theory of sentencing also emphasized—Sentences ranging from 10 years—6 years imprisonment imposed with half of sentence suspended on conditions, including prisoners undergoing appropriate Intensive Christian Education.

2 Acting Public Prosecutor v Uname Aumane [1980] PNGLR 510 and Agoara Kebo and Karunai Uraki v The State (1981) SC198 referred to

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Injia J: The nine prisoners were jointly indicted on one count of willful murder of one Ikwinu Tangwagua (the deceased) under s299 of the Criminal Code. All of them except Mine Basanu pleaded guilty to the charge. On 18 June 2002, I acquitted the accused Mine Basanu on the charge but found him guilty of murder under s300(1)(a) and on 28 August 2002, consistent with my finding in relation to Mine Basanu, I rejected the guilty plea of the other 8 prisoners on the charge of willful murder but accepted their guilty plea to the lesser charge of murder under s300(1)(a). I administered allocutus to all the prisoners at the same time. Each prisoner gave their unsworn statement from the dock. Further proceedings on sentence was then adjourned pending the preparation of a pre–sentence report by the Probation office in Lae. There are two such reports before me. After counsel made submissions on sentence, I reserved sentence which I hand down now.

The facts of the case as I found in the trial of Mine Basanu and those discerned from the court depositions in respect of the other eight prisoners are these. On 22 August 2000 at Kesaut village, Wantoat District in the Morobe Province, a meeting of villagers took place in the village to discuss the fate of the deceased whom the whole community believed was responsible for the death of the prisoner Mine Basanu's younger brother, one Gessi, through sorcery. The whole community believed that the deceased was a reputed sorcerer who was responsible for the death of some 53 people in the village previously. The whole community resolved it was time to put an end to their suffering by eliminating the deceased and called upon willing and able members of the community to carry out the decision. The nine prisoners led by Mine Basanu answered their call. On the early morning of 23/8/00, between 5am–6am, they got together, armed themselves with various weapons and set out to attack the deceased. They went and surrounded the house of the deceased when the deceased was asleep, dragged him out of the house, held him, and shot him with a gun and chopped him up with axes and bushknives and left him there to bleed to death. They then set his house on fire and left. The killing was reported to police and police apprehended these prisoners. They all admitted the killing to the police. They all told the police they responded to the whole community's cries and decision to put an end to the problem created by this reputed sorcerer.

It is important to set out the role played by each prisoner in the killing.

1. Boat Yokum: He was armed with an axe. He was on guard outside the house for other sorcerers who might come to fight them whilst the others attacked the deceased.

2. John Yowa: He was armed with an axe. He also stood on guard whilst the others attacked the deceased.

3. Arabau Kakanana: He was armed with a knife...