John Fatty Marase v The State [1994] PNGLR 415

• Jurisdiction: Papua New Guinea
• Date: 27 October 1994
• Citation: [1994] PNGLR 415
• Docket Number: SCR No 4 of 1992
• Court: Supreme Court
• Year: 1994

Full Title: SCR No 4 of 1992; John Fatty Marase v The State [1994] PNGLR 415

Supreme Court: Hinchliffe J, Sheehan J, Brown J

Judgment Delivered: 27 October 1994

1 Criminal law—practice and procedure—appeal—leave although out of time—reasons must be shown why Court should exercise its constitutional power of review

2 Criminal law—sentence—cumulative sentences—totality approach—whether Court has apprehension that points raised by applicant might have been decided in his favour—total cumulative sentence of 19½ years for rape and robbery left unaffected

3 Avia Aihi v The State (No 2) [1982] PNGLR 44 and Paul Mase and Kopa Lore John v The State [1991] PNGLR 88 referred to

Facts

The applicant sought leave to appeal, although out of time, against cumulative sentences of 19½ years for rape, robbery, abduction and unlawful use of a motor vehicle, after trial in the National Court. His notice of appeal was prepared and lodged, in person, over 12 months after sentence.

Held

1. Convincing reasons must be shown before the Court will go behind the statutory provision allowing 40 days for the filing of notice of appeal, Supreme Court Act (Ch37), s17 and Constitution s155(2)(b).

2. There must be clear circumstances, giving rise to an apprehension in the Court that the points raised by the applicant might be decided in his favour, before the Court will embark on a review of the National Court sentence.

3. Leave to appeal is refused because no sufficient reasons for the late submission of the notice of appeal have been shown.

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