The State v Stanley Marai Uriye of Oraia, Rigo, Central Province (2003) N2386

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: (2003) N2386
• Date: 21 May 2003
• Year: 2003

Full Title: The State v Stanley Marai Uriye of Oraia, Rigo, Central Province (2003) N2386

National Court: Davani J

Judgment Delivered: 21 May 2003

1 Practice and Procedure—sentencing—young offender—murder.

2 Practice and Procedure—sentencing—young offender—suspension of sentence—when appropriate—factors to be considered.

3 Kuri Willie v The State [1987] PNGLR 298, The State v Frank Kagai [1987] PNGLR 320, The State v Eddy Kava Laura (No 2) [1988–89] PNGLR 98, The State v Abel Airi (2000) N2007, R v Davey [1980] 2 A Crim R 254 and Gimble v The State [1988–89] PNGLR 271 referred to

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Davani J: This matter proceeded as a plea where the Prisoner pleaded guilty to one count of Murder such charge laid pursuant to s300(1)(b) of the Criminal Code ('CCA'). The State also invoked s7 of the Criminal Code.

S300(1)(b) and s7 of the Criminal Code read as follows:

"300 Murder

(1) Subject to the succeeding provisions of this Code, a person who kills another person under any of the following circumstances is guilty of murder—

(a) if the offender intended to do grievous bodily harm to the person killed or to some other person; or

(b) if death was caused by means of an act—

(i) done in the prosecution of an unlawful purpose; and

(ii) of such a nature as to be likely to endanger human life;

. . .

Penalty: Subject to s19, imprisonment for life."

"7. Principal offenders

(1) When an offence is committed, each of the following persons shall be deemed to have taken part in committing the offence and to be guilty of the offence, and may be charged with actually committing it—

(a) every person who actually does the act or makes the omission that constitutes the offence; and

(b) every person who does or omits to do any act for the purpose of enabling or aiding another person to commit the offence; and

(c) every person who aids another person in committing the offence; and

(d) any person who counsels or procures any other person to commit the offence.

(2) In Subsection (1)(d), the person may be charged with—

(a) committing the offence; or

(b) counselling or procuring its commission.

(3) A conviction of counselling or procuring the commission of an offence entails the same consequences in all respects as conviction of committing the offence.

(4) Any person who procures another to do or omit to do any act of such a nature that, if he had himself done the act or made the omission, it would have constituted of offence on his part, is—

(a) guilty of an offence of the same kind; and

(b) liable to the same punishment,

as if he had done the act or made the omission, and may be charged with himself doing the act or making the omission."

On allocutus, the Prisoner apologised to the court, the victim, the victim's family, his family, the lawyers involved and to the Salvation Army.

The Prisoner is aged 13 years and was on remand at the Salvation Army Remand Centre when he appeared before this court. He has been in custody for 1 year, 6 months and 28 days.

The evidence is that on 21.10.01 the Prisoner was with 3 other boys waiting on the highway leading to Port Moresby at the Madobu area in Kupiano, Central Province. They were armed with assorted weapons, including sticks, knives and a home–made gun. When a...