Secretary for Law v Kaibug Jimbun and Peter Korua
| Jurisdiction | Papua New Guinea |
| Citation | [1976] PNGLR 288 |
| Date | 02 July 1976 |
| Court | Supreme Court |
| Year | 1976 |
Supreme Court: Frost CJ, Prentice DCJ, Williams J
Judgment Delivered: 2 July 1976
1 Criminal law—appeal against sentence—application to increase—wilful murder—several offenders—great disparity of sentences between actual assailants and other participants
2 CRIMINAL LAW—Sentences—Appeal against sentence—Application to increase sentence—Wilful murder—Co–offenders—Disparity of sentences between actual assailants and other participants—Sentences of 8 years substituted for those of 2 years 6 months.
The two respondents were arraigned on charges of wilful murder, with two other men, who were shown to have chopped a man to death with axes in their presence. All four were convicted of wilful murder and the two actually wielding the axes were each sentenced to 13 years imprisonment. The respondents were each sentenced to 2 years and 6 months imprisonment. On appeal brought by the Secretary for Law against inadequacy of sentence under s29 of the Supreme Court (Full Court) Act 1968 (and heard as though it had originated under s43 of the Supreme Court Act 1975),
Held:
(1) The evidence revealed a concerted action, a common intention and support and approval of a preconceived plan to attack, exhibited by the two respondents, such that it was difficult to distinguish their degrees of responsibility from the two axemen;
(2) Whilst accepting that it is common for allowance to be made for a somewhat lesser sentence given "watchmen" or...
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In the Matter of a Refernce pursuant to s19 of the Constitution by the Provincial Executive of the Morobe Provincial Government; Re Minimum Penalties Legislation [1984] PNGLR 314
...v California 370 US 660 (1962), SCR No 2 of 1981; Re S19(1)(f) Criminal Code [1982] PNGLR 150, Secretary for Law v Kaibug Jimbun & Anor [1976] PNGLR 288, Stevens v Warden, Maryland Penitentiary 382 F 2d 429 (1967), The People v Broadie 332 NE 2d 338 (1975), Tom Amaiu v The Commissioner of C......
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CR. 1521 of 2010; CR. 1588 of 2010 State v Soti Mesuno, Luke Lungu Gihiye, Mesuno Lungu and Meki Shumbo Gihiye (2012) N4701
...Visare & Ors (CR 1455 of 2005) (Unreported and unnumbered judgement of Lenalia J); Secretary for Law v Kaibug Jimbun and Peter Korua [1976] PNGLR 288; The State v Stanley Marai Uriye (2003) N2386; The State v Kepak Langa (2003) N2462; Lawrence Simbe v The State [1994] PNGLR 38; The State v ......
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The State v Mark Kanupio, Balwin Kining, Peter Pasikio, Steven Lipilas and Paul Nowor (2005) N2800
...[1990] PNGLR 487, SCR No 1 of 1984, Re Minimum Penalties Legislation [1984] PNGLR 314, Secretary for Law v Kaibug Jimbun and Another [1976] PNGLR 288, The State v Jason Dongoma (2000) N2038, The State v James Gurave Guba (2000) N2020, The State v Peter John Plesman and Others (1997) N1657, ......
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The State v Peter Guma
...circumstances of each, eg whether he is a young offender, paid compensation etc. (See Secretary for Law v Kaibug Jimbun and Another [1976] PNGLR 288, Supreme Court, Frost CJ, Prentice DCJ, Williams J; SCR No 1 of 1984, Re Minimum Penalties Legislation [1984] PNGLR 314, Kidu CJ, Kapi DCJ, Br......
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In the Matter of a Refernce pursuant to s19 of the Constitution by the Provincial Executive of the Morobe Provincial Government; Re Minimum Penalties Legislation [1984] PNGLR 314
...v California 370 US 660 (1962), SCR No 2 of 1981; Re S19(1)(f) Criminal Code [1982] PNGLR 150, Secretary for Law v Kaibug Jimbun & Anor [1976] PNGLR 288, Stevens v Warden, Maryland Penitentiary 382 F 2d 429 (1967), The People v Broadie 332 NE 2d 338 (1975), Tom Amaiu v The Commissioner of C......
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CR. 1521 of 2010; CR. 1588 of 2010 State v Soti Mesuno, Luke Lungu Gihiye, Mesuno Lungu and Meki Shumbo Gihiye (2012) N4701
...Visare & Ors (CR 1455 of 2005) (Unreported and unnumbered judgement of Lenalia J); Secretary for Law v Kaibug Jimbun and Peter Korua [1976] PNGLR 288; The State v Stanley Marai Uriye (2003) N2386; The State v Kepak Langa (2003) N2462; Lawrence Simbe v The State [1994] PNGLR 38; The State v ......
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The State v Mark Kanupio, Balwin Kining, Peter Pasikio, Steven Lipilas and Paul Nowor (2005) N2800
...[1990] PNGLR 487, SCR No 1 of 1984, Re Minimum Penalties Legislation [1984] PNGLR 314, Secretary for Law v Kaibug Jimbun and Another [1976] PNGLR 288, The State v Jason Dongoma (2000) N2038, The State v James Gurave Guba (2000) N2020, The State v Peter John Plesman and Others (1997) N1657, ......
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The State v Peter Guma
...circumstances of each, eg whether he is a young offender, paid compensation etc. (See Secretary for Law v Kaibug Jimbun and Another [1976] PNGLR 288, Supreme Court, Frost CJ, Prentice DCJ, Williams J; SCR No 1 of 1984, Re Minimum Penalties Legislation [1984] PNGLR 314, Kidu CJ, Kapi DCJ, Br......