The State v Paul Jimmy Moaina (1997) N1657
| Jurisdiction | Papua New Guinea |
| Court | National Court |
| Date | 30 October 1997 |
| Citation | (1997) N1657 |
| Docket Number | The State v Peter John Plesman |
| Year | 1997 |
Full Title: The State v Peter John Plesman; The State v Paul Jimmy Moaina (1997) N1657
National Court: Batari AJ
Judgment Delivered: 30 October 1997
1 Criminal law—Sentence—Murder—Accuseds killed two brothers at their home in course of robbery—Killings in course of robbery—Degree of participation—Consideration of—Whether or not killing falls into worst category—Principles applied
2 Criminal law—Sentence—Murder—Plea of guilty—Mitigating factors—Aggravating factors—Co–accused with prior similar conviction—Higher sentence justified—Concurrent sentences—25 years and 30 years. The accused pleaded guilty to the murder of two brothers in the course of robbing them. The following judgment was delivered on sentence
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Batari AJ: Peter John Plesman and Paul Jimmy Moaina, you have each pleaded guilty to one count of murder of Ephraim Makis and one count of murder of Albert Kapi Uming. The two counts of murder were charged on the same indictment and heard together as they arose from the same chain of events. It is now my responsibility to pass sentence.
On the night of 3 May 1996 about 10.30 pm the deceased Ephraim Makis drove into his residence at the Christian Leadership Training Centre, at Waigani in the National Capital District (NCD). He was returning home from a trip to Lae, in the Morobe Province. With him that night were his brother Albert Kapi Uming and Philbert Aisi. As they were let through the residential gate, the two of you followed them in before the security guard could lock the gate. You were accompanied by two (2) others. The four (4) of you were armed with a shot–gun and a knife. Ephraim Makis was held up with the gun as he stepped off the vehicle. The two of you then demanded him and his companions to surrender their wallets. In the course of the robbery, the deceased Ephraim Makis attempted to wrestle the man with the gun. He was shot at point–blank in the head. His brother, Albert Kapi Uming tried to assist him. He too was attacked and stabbed in the back with the knife. Both men appeared to have died instantly.
That was a brief summary of what everybody agrees was a serious example of a callous and senseless killing executed with considerable violence and without apparent motive other than to rob somebody. There are no extenuating or mitigatory circumstances, but your lawyer, Mr Sakumai has ably argued that it is not the worst example of such a crime to come before the Court and it was in a way a chance rather than a planned killing.
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...with bushknife and killing innocent man because his clansmen failed to pay compensation for cutting his brother); State v John Plesman (1997) N1657 (25 years shooting man at point blank range with gun and another stabbed at his back and killed); State v Peter Korak Siwi (2003) N2443 (16 yea......
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The State v Roger Kivini (2004) N2576
...view, have indirectly contributed to that view of the offenders by imposing far too lenient sentences as in The State v Peter John Plesman (1997) N1657, which was a case of double murder of two brothers in their residential area. That case, in our view warranted the death penalty and fallin......
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...Keroi Gurua (2002) N2312, The State v Kevin Anis [2003] PNGLR 344, Sakarowa Koe v The State (2004) SC739, The State v Peter John Plesman (1997) N1657, The State v Ian Napolean Setep [1997] PNGLR 428, The State v Yapes Paege and Relya Tanda [1994] PNGLR 65, The State v Godfrey Edwin Ahupa (1......
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Manu Kovi v The State (2005) SC789
...with bushknife and killing innocent man because his clansmen failed to pay compensation for cutting his brother); State v John Plesman (1997) N1657 (25 years shooting man at point blank range with gun and another stabbed at his back and killed); State v Peter Korak Siwi (2003) N2443 (16 yea......
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The State v Roger Kivini (2004) N2576
...view, have indirectly contributed to that view of the offenders by imposing far too lenient sentences as in The State v Peter John Plesman (1997) N1657, which was a case of double murder of two brothers in their residential area. That case, in our view warranted the death penalty and fallin......
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Simon Kama v The State (2004) SC740
...Keroi Gurua (2002) N2312, The State v Kevin Anis [2003] PNGLR 344, Sakarowa Koe v The State (2004) SC739, The State v Peter John Plesman (1997) N1657, The State v Ian Napolean Setep [1997] PNGLR 428, The State v Yapes Paege and Relya Tanda [1994] PNGLR 65, The State v Godfrey Edwin Ahupa (1......
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The State v Philip Eki Vaki (2007) N3464
...(No 2) (2002) N2186; The State v Tom Keroi Gurua (2002) N2312; The State v Kevin Anis [2003] PNGLR 344; The State v Peter John Plesman (1997) N1657; Ure Hane v The State [1984] PNGLR 105; The State v Ian Napolean Setep [1997] PNGLR 428; The State v Yapes Paege [1994] PNGLR 65; The State v G......