The State v Wilfred Opu Yamande N'danabet of M'bawya, Kotidanga, Gulf Province ('Prisoner') (2004) N2728

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: (2004) N2728
• Date: 09 November 2004
• Year: 2004

Full Title: The State v Wilfred Opu Yamande N'danabet of M'bawya, Kotidanga, Gulf Province ('Prisoner') (2004) N2728

National Court: Davani J

Judgment Delivered: 9 November 2004

1 Sentence—wilful murder—guilty plea—belief in sorcery a mitigating factor—s299 of Criminal Code.

2 Practice and procedure—wilful murder—guilty plea—sorcery related killing—there must be evidence on belief in sorcery.

3 The State v Siune Arnold (1997) N1658, Acting Public Prosecutor v Uname Aumane [1980] PNGLR 510, Goli Golu v The State [1979] PNGLR 653, Avia Aihi v The State (No 3) [1982] PNGLR 92, Ure Hane v The State [1984] PNGLR 105, The State v Kwayawako [1988] PNGLR 174, The State v Sambura (2002) N2219, The State v Jude Gena (2004) N2649 referred to

Sentence (Plea)

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Davani J: Wilfred Opu Yamande N'Danabet (the prisoner') pleaded guilty to one count of wilful murder, that he did on 9 November 2002, at Wingi village in the Gulf province, kill one Sonny Notiaio ('deceased').

In the record of interview with the police conducted on 12 December 2002, the prisoner told the police that on 9 November 2002, he killed his brother–in–law, the deceased. He said he did this because the deceased had told his cousins to kill him because they claimed the prisoner's grandfather killed their daughter. They said that they wanted to take revenge on any of the prisoner's family members. The prisoner said he used a knife to stab the deceased once on the back and once on the neck, which was the reason why he wanted to kill somebody called Vincent Pomero but...