The State v Siune Arnold
| Jurisdiction | Papua New Guinea |
| Citation | (1997) N1658 |
| Date | 21 November 1997 |
| Court | National Court |
| Year | 1997 |
National Court: Batari AJ
Judgment Delivered: 21 November 1997
1 Criminal law—Sentence—Murder—Killing of suspected sorcerer—belief in sorcery established by evidence and inferences—Relevance as mitigating factor—Suspected sorcerer taken before funeral gathering—Beaten and strangulated—Nine years
2 Kwayawako v The State [1990] PNGLR 6, Acting Public Prosecutor v Uname Aumane [1980] PNGLR 510 and Secretary for Law v Ulao Amantasi [1975] PNGLR 134 referred to
3 The accused was convicted of killing a suspected sorcerer. The following judgment was delivered on sentence
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Batari AJ: The prisoner has been convicted of the murder of one Kawage Kua pursuant to s300 of the Criminal Code. He will now be sentenced. The maximum penalty prescribed for this offence is life imprisonment.
The brief facts show that on 9 February, 1997 the prisoner had taken the deceased Kawage Kua forcefully to Kimbe Hospital with assistance from others so that the deceased would "give water" to his young sister. I infer the young girl was hospitalised following an illness and the presence of Kawage Kua at the hospital was to perform traditional healing on her. I infer also that the prisoner and his line believed Kawage Kua to be a sorcerer and that he was responsible for the girl's condition. She died on the evening of that day. On the early hours of 10 February, the next day the prisoner again brought Kawage Kua forcefully to his father's block at Kavui where...
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...The State v Maraka Jackson (2006) N3237; The State v Sambura (2002) N2219; The State v Sedoki Lota (2007) N3183; The State v Siune Arnold (1997) N1658; The State v Urari Siviri (2004) N2747; The State v Wilfred Opu Yamande N'danabet (2004) N2728 SENTENCE 1. GABI, J: Introduction: Malachi Ma......
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The State v Wilfred Opu Yamande N'danabet of M'bawya, Kotidanga, Gulf Province ('Prisoner') (2004) N2728
...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......
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The State v Sina Dakol
...BEEN IMPOSED FOR EQUIVALENT OFFENCES? 22. I will now consider the sentencing trends in recent history. 23. In The State v Siune Arnold (1997) N1658 the prisoner killed the deceased because he believed that the deceased was responsible for the death of his sister and was sentenced to 9 years......
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The State v Malachi Mathias and John Giamalu (2011) N4670
...The State v Maraka Jackson (2006) N3237; The State v Sambura (2002) N2219; The State v Sedoki Lota (2007) N3183; The State v Siune Arnold (1997) N1658; The State v Urari Siviri (2004) N2747; The State v Wilfred Opu Yamande N'danabet (2004) N2728 SENTENCE 1. GABI, J: Introduction: Malachi Ma......
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The State v Wilfred Opu Yamande N'danabet of M'bawya, Kotidanga, Gulf Province ('Prisoner') (2004) N2728
...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......
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The State v Sina Dakol
...BEEN IMPOSED FOR EQUIVALENT OFFENCES? 22. I will now consider the sentencing trends in recent history. 23. In The State v Siune Arnold (1997) N1658 the prisoner killed the deceased because he believed that the deceased was responsible for the death of his sister and was sentenced to 9 years......