Danny Mako v The State (2006) SC889

• Jurisdiction: Papua New Guinea
• Date: 30 June 2006
• Citation: (2006) SC889
• Docket Number: SCR 42 OF 2005
• Court: Supreme Court
• Year: 2006

Full Title: SCR 42 OF 2005; Danny Mako v The State (2006) SC889

Supreme Court: Los, Manuhu, Gabi, JJ

Judgment Delivered: 30 June 2006

DECISION

CRIMINAL LAW—Appeal against conviction—Official corruption—Evidence—Amount of money corruptly received reduced - Conviction upheld.

CRIMINAL LAW—Appeal against sentence—Official corruption—Sentencing trends—Sentence reduced.

Cases cited:

The State v Kiap Bonga [1988-89] PNGLR 360; The State v Pablito Miguel [2002] PNGLR 365; The State v Jimmy Naime (2005) N2873.

1. BY THE COURT: This is an appeal against conviction on one count of judicial corruption and against a sentence of seven years.

2. On 24 March 2004, the appellant arrested a suspect for attempt murder and had him detained in the police cells at Wabag Police Station. The arrest and detention was entered in the Occurrence Book.

3. While the suspect was in the cells, the appellant gave him a withdrawal slip which he filled and the appellant took the withdrawal slip to the bank where K150.00 was withdrawn. The suspect says that the appellant did not give him the K150.00. The appellant says that the suspect took the money.

4. Sometimes later, on the same day, the appellant released the suspect without entering the release into the Occurrence Book.

5. There were arguments on whether the appellant had the authority to release the suspect. The appellant insists that he had the authority to release the suspect because he was the officer in charge of a Station and the arresting officer in relation to the suspect.

6. The evidence is not clear on whether the appellant was...