Raywill Parapen v The Independent State of Papua New Guinea (2014) SC1354

• Jurisdiction: Papua New Guinea
• Court: Supreme Court
• Date: 25 June 2014
• Citation: (2014) SC1354
• Docket Number: SCRA NO 62 OF 2011
• Year: 2014

Full Title: SCRA NO 62 OF 2011; Raywill Parapen v The Independent State of Papua New Guinea (2014) SC1354

Supreme Court: Makail, J

Judgment Delivered: 25 June 2014

PRACTICE & PROCEDURE—Application for leave to amend - Amendment of notice of appeal—Addition of ground of appeal—Jurisdiction of—Special circumstances—Reasons for delay—Lack of—Arguable case—Whether proposed ground is arguable—Leave granted—Supreme Court Rules—O7, r25 & r26.

Cases cited:

Paul Kundi Rape v. The State [1976] PNGLR 96

The State v. Ronald Madio: CR No 362 of 2008 (Unnumbered & Unreported Judgment of 25th October 2012)

Minister for Lands and Physical Planning & Ors v. Air Niugini Limited (2013) SC1233

Charles Ombusu v. The State [1996] PNGLR 335

Telikom PNG Limited v. Independent Consumer and Competition Commission (2008) SC906

RULING

1. MAKAIL, J: The appellant was convicted and sentenced by the National Court to 12 years imprisonment in hard labour for murder under s300 of the Criminal Code.

2. On 16th November 2011, he filed an appeal against the conviction and sentence. He now applies for leave to amend the grounds of appeal by seeking to add an additional ground. The proposed ground is as follows:

“(3.8) The Learned Trial Judge erred in law in ruling that the prisoner has a case to answer on a charge of murder after initially upholding the Submission on No Case to Answer on the charge of Wilful Murder as originally charged on the indictment.”

3. He relied on s5 of the Supreme Court Act and O7, r25 and r26 of the Supreme Court Rules and submitted that leave should be granted because the proposed ground is arguable. It raises an arguable case because it relates to procedural fairness and denial of right...