The State v Kore Ase (2001) N2220

JurisdictionPapua New Guinea
Citation(2001) N2220
Date22 June 2001
CourtNational Court
Year2001

Full Title: The State v Kore Ase (2001) N2220

National Court: Jalina J

Judgment Delivered: 22 June 2001

1 Criminal Law—Murder—Sentence—Plea of guilty—Deceased chopped with bushknife on head and neck—Attack upon receipt of news of deceased killing first cousin of prisoner—First offender—Provocation in the non–legal sense—Criminal Code s300.

2 The State v Wa'amb Waitu Kamap (2000) N1971 referred to

___________________________

Jalina J: This prisoner has pleaded guilty to one count of murder which is an offence that carries a penalty of life imprisonment under s300 of the Criminal Code subject to the court's discretion to impose a lesser sentence.

Evidence shows that on the day of the offence someone told the prisoner that his first cousin had been killed by the deceased. He then took his bushknife and went looking for the deceased. When he met him he started chopping him with the bushknife.

The Medical Report of Thaddeus Khinah reveals the following injuries to the deceased's body:

(a) The head was axed to pieces. The axe penetrated the skull bone and split the brain tissues.

(b) The left ear was chopped off.

(c) The second and third vertebra of the cervical region was completely chopped off and extended to the throat.

(d) The upper right thigh had deep lacerations with massive muscle and tissue destructions.

The cause of death was from massive destruction to the spinal...

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10 practice notes
  • The State v Michael Rende (2013) N5220
    • Papua New Guinea
    • National Court
    • 14 May 2013
    ...[1994] PNGLR 38 Ivoro Kaumin Lupu v The State, SCRA No.2 of 1997, Unreported & Unnumbered Judgment dated 13 June 1997 The State v Kore Ase (2001) N2220 Max Java v The State (2002) SC701 The State v Sumbiako Wapuko (2003) N2444 Joseph Enn v The State (2004) SC738 Sakarowa Koe v The State (20......
  • The State v Daniel Kondonga (2012) N4619
    • Papua New Guinea
    • National Court
    • 28 March 2012
    ...imposed and partly suspended - Criminal Code, Ch 262 - s19 & s302. Cases cited: The State v John Airi (1980) N275; The State v Kore Ase (2001) N2220; The State v Albert Kududu (2010) N4108; The State v Steven Ruben (2008) N3941; The State v Sakora (2008) N3935; Anna Max Marangi v The State ......
  • The State v Mupa Lom (2012) N4725
    • Papua New Guinea
    • National Court
    • 22 June 2012
    ...of his wrong. There was no pre-planning nor was there stalking of the deceased by the prisoner as in the case of The State v. Kore Ase (2001) N2220. In that case the prisoner was sentenced to 15 years for killing the deceased after hunting him down upon hearing that the deceased killed his ......
  • The State v John Baipu (2003) N2451
    • Papua New Guinea
    • National Court
    • 30 July 2003
    ...James Kumbapen v The State (SCRA 14 of 2001, Unnumbered and Unreported Supreme Court judgment dated 26 April 2001), The State v Kore Ase (2001) N2220, The State v Sambura (2002) N2219 and Acting Public Prosecutor v Uname Aumane [1980] PNGLR 510 and The State v Kwayawako [1988] PNGLR 174 ref......
  • Request a trial to view additional results
10 cases
  • The State v Michael Rende (2013) N5220
    • Papua New Guinea
    • National Court
    • 14 May 2013
    ...[1994] PNGLR 38 Ivoro Kaumin Lupu v The State, SCRA No.2 of 1997, Unreported & Unnumbered Judgment dated 13 June 1997 The State v Kore Ase (2001) N2220 Max Java v The State (2002) SC701 The State v Sumbiako Wapuko (2003) N2444 Joseph Enn v The State (2004) SC738 Sakarowa Koe v The State (20......
  • The State v Daniel Kondonga (2012) N4619
    • Papua New Guinea
    • National Court
    • 28 March 2012
    ...imposed and partly suspended - Criminal Code, Ch 262 - s19 & s302. Cases cited: The State v John Airi (1980) N275; The State v Kore Ase (2001) N2220; The State v Albert Kududu (2010) N4108; The State v Steven Ruben (2008) N3941; The State v Sakora (2008) N3935; Anna Max Marangi v The State ......
  • The State v Mupa Lom (2012) N4725
    • Papua New Guinea
    • National Court
    • 22 June 2012
    ...of his wrong. There was no pre-planning nor was there stalking of the deceased by the prisoner as in the case of The State v. Kore Ase (2001) N2220. In that case the prisoner was sentenced to 15 years for killing the deceased after hunting him down upon hearing that the deceased killed his ......
  • The State v John Baipu (2003) N2451
    • Papua New Guinea
    • National Court
    • 30 July 2003
    ...James Kumbapen v The State (SCRA 14 of 2001, Unnumbered and Unreported Supreme Court judgment dated 26 April 2001), The State v Kore Ase (2001) N2220, The State v Sambura (2002) N2219 and Acting Public Prosecutor v Uname Aumane [1980] PNGLR 510 and The State v Kwayawako [1988] PNGLR 174 ref......
  • Request a trial to view additional results

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