The State v Margaret John (No 2)
| Jurisdiction | Papua New Guinea |
| Citation | [1996] PNGLR 298 |
| Date | 22 June 1995 |
| Court | National Court |
| Year | 1996 |
National Court: Injia J
Judgment Delivered: 22 June 1995
1 Criminal Law—Murder—Plea—Prisoner wife killed de facto wife of common husband—Appropriate sentence—6 years imprisonment (less 8 months 26 days in pre–trial custody)—Criminal Code (Ch262) s300(1)(a)—Criminal Law (Compensation) Act 1991, s3(1)(e)
2 Criminal Law—Sentence—Murder—Appropriateness of compensation order where sentence for murder considered appropriate by the Court is in excess of 12 months imprisonment—mitigating factors—extenuating circumstances—Criminal Law (Compensation) Act 1991 s3(1)(a), s3(1)(e), s6(b)
3 Rex Lialu v The State [1990] PNGLR 487 referred to
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Injia J: On 20th April 1995 I adjourned this matter for a Means Assessment Report pursuant to s4 of the Criminal Law (Compensation) Act 1991. I am now provided with that report. The report is a very detailed and comprehensive report which covers most of the aspects relevant to the question of a compensation order.
On 20th April, I requested for a Means Assessment Report to be done on the prisoner's husband. At page 6 of my judgment, I said:
"Where a wife is the offender, the husband is obliged to pay compensation for his wife's wrong–doing, whether or not the husband is at fault in causing or contributing to his wife's wrong–doing. Where the husband is at fault, there is every reason for him to pay compensation. In the instant case, the prisoner knows this and wants him to pay compensation. The question is will he pay it? If so, how much will he pay? How much compensation will be...
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Manu Kovi v The State (2005) SC789
...State v Angaun Kakas & Others [1994] PNGLR 20 (K17,000); State v Billy Kauwa [1994] PNGLR 503 (K100,000); State v Margaret John (No. 2) [1996] PNGLR 298 (K25,000); State v Maria Pelta Pung [1995] PNGLR 173 (K20,000); State v Lucy Moro (1998) N1328 (K25,000); The State v Paulus Non Pable [19......
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State v Mavis Uraro (2012) N5164
...98; Public Prosecutor v Tardrew [1986] PNGLR 91; The State v Maria Pelta Pung (Yamai) [1995] PNGLR 173; The State v Margaret John (No 2) [1996] PNGLR 298; Antap Yala v The State (1996) SCR 69 of 1996; The State v Maria Er [1998] PNGLR 26; Jack Tanga v The State [1999] PNGLR 216; John Kapil ......
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The State v Eddie John Naopa (2003) N2411
...(2001) N2172, The State v James Gurave Guba (2000) N2020, The State v Rex Lialu [1988–89] PNGLR 449, The State v Margaret John (No 2) [1996] PNGLR 298, The State v Dobi Ao (No 2) [2002] PNGLR 55, The State v Raphael Kimba Aki (No 2) (2001) N2082, The State v Kennedy Arus (2001) N2081 and Ja......
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The State v Henry Idab (2001) N2172
...in accordance with this Act." (Emphasis added) . . . This is why the Courts in cases like that of The State v Margaret John (No 2) [1996] PNGLR 298 have decided not to order compensations against persons other than the offender. That was a case in which the defendant was in a way caused to ......
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Manu Kovi v The State (2005) SC789
...State v Angaun Kakas & Others [1994] PNGLR 20 (K17,000); State v Billy Kauwa [1994] PNGLR 503 (K100,000); State v Margaret John (No. 2) [1996] PNGLR 298 (K25,000); State v Maria Pelta Pung [1995] PNGLR 173 (K20,000); State v Lucy Moro (1998) N1328 (K25,000); The State v Paulus Non Pable [19......
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State v Mavis Uraro (2012) N5164
...98; Public Prosecutor v Tardrew [1986] PNGLR 91; The State v Maria Pelta Pung (Yamai) [1995] PNGLR 173; The State v Margaret John (No 2) [1996] PNGLR 298; Antap Yala v The State (1996) SCR 69 of 1996; The State v Maria Er [1998] PNGLR 26; Jack Tanga v The State [1999] PNGLR 216; John Kapil ......
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The State v Eddie John Naopa (2003) N2411
...(2001) N2172, The State v James Gurave Guba (2000) N2020, The State v Rex Lialu [1988–89] PNGLR 449, The State v Margaret John (No 2) [1996] PNGLR 298, The State v Dobi Ao (No 2) [2002] PNGLR 55, The State v Raphael Kimba Aki (No 2) (2001) N2082, The State v Kennedy Arus (2001) N2081 and Ja......
-
The State v Henry Idab (2001) N2172
...in accordance with this Act." (Emphasis added) . . . This is why the Courts in cases like that of The State v Margaret John (No 2) [1996] PNGLR 298 have decided not to order compensations against persons other than the offender. That was a case in which the defendant was in a way caused to ......