The State v Peter Erne
Jurisdiction | Papua New Guinea |
Judgment Date | 10 November 1999 |
Year | 1999 |
Court | National Court |
Judgement Number | N1939 |
National Court: Sakora J
Judgment Delivered: 10 November 1999
N1939
PAPUA NEW GUINEA
[In the National Court of Justice}
CR. 761 OF 1999
THE STATE
-vs-
PETER ERNE
Lae : Sakora, J
1999 : 3 & 10 November
Mr M Peter for the State
Mr L Siminji for the Defence
SENTENCE
10 November 1999
SAKORA J: The State presented an indictment against you, charging you with one count of unlawfully doing grievous bodily harm to another person, a man by the name of Stanley Yange. It was alleged that this offence was committed at Erap, outside Lae, on 10 January 1999. Upon the charge being formally put to you by the Court, you pleaded guilty to the charge.
The agreed facts for your plea of guilty demonstrate the following circumstances. On the day in question about 12:30 pm., you and four other men were drinking beer under the Erap bridge. The victim and a friend, on their way back to Lae from Ramu in a motor vehicle, stopped at the bridge and went down to the river to collect some stones to build a “mumu”. It was then that an argument started between you and your four friends and the victim and his friend.
It would appear that you and your friends, in your drunken state, suspected the victim and his friend to have fought with you earlier, and, therefore, you were demanding compensation from them. The arguments developed into physical confrontation between the two groups. The State’s case was that it was during this confrontation that the victim received multiple knife wounds to his scalp, and also other injuries to the head.
The victim was then left unconscious at the scene, you and your friends departing. Later the same day, the victim was taken to and admitted at the ANGAU Memorial Hospital, Lae. He was in hospital for medical attention and treatment to his injuries for 10 days. It was the State’s case that you were in this group with four others who argued with and attacked the victim, Stanley Yange, and that your role...
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The State v Michael Tangip (2012) N4782
...v The State [1990] PNGLR 6; Lawrence Simbe v The State [1994] PNGLR 38; Public Prosecutor v Don Hale (1998) SC564; The State v Peter Erne (1999) N1939; The State v Henry Idab (2001) N2172; Edmund Gima and Siune Arnold v The State (2003) SC730; John Baipu v The State (2005) SC796; Irai Thoma......
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The State v Lucy Rusa (2008) N3510
...imprisonment imposed - suspension of sentence inappropriate. Cases Cited: The State v Thomas Waim [1988] PNGLR 360; The State v Peter Erne (1999) N1939; The State v Laken Alois Yamain: CR No 249 of 2000 (Unnumbered & Unreported Judgment of 4 September 2000); The State v Ale Anesa: CR No 472......
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The State v Paul Membup (2008) N3679
...fined K300.00 Cases cited: The State v Kopiwan Pupuni (1998) N1709; The State v Nickson Pari (No 2) (2001) N2033; The State v Peter Erne (1999) N1939 1. GAVARA-NANU J: The accused pleaded guilty to unlawfully doing grievous bodily harm to one Peter Kan Kam on 27 December, 2007, at Londolovi......
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The State v Yatime Korogula (No 2) (2009) N3742
...wholly on condition of good behaviour and compensation of K2028.00 already paid—Criminal Code, s319 Cases Cited The State v Peter Erne (1999) N1939; The State v Larsen Talian (2003) N2382 SENTENCE 1. KIRRIWOM. J: The prisoner Yatime Korogula was found guilty after a trial and convicted of u......
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The State v Michael Tangip (2012) N4782
...v The State [1990] PNGLR 6; Lawrence Simbe v The State [1994] PNGLR 38; Public Prosecutor v Don Hale (1998) SC564; The State v Peter Erne (1999) N1939; The State v Henry Idab (2001) N2172; Edmund Gima and Siune Arnold v The State (2003) SC730; John Baipu v The State (2005) SC796; Irai Thoma......
-
The State v Lucy Rusa (2008) N3510
...imprisonment imposed - suspension of sentence inappropriate. Cases Cited: The State v Thomas Waim [1988] PNGLR 360; The State v Peter Erne (1999) N1939; The State v Laken Alois Yamain: CR No 249 of 2000 (Unnumbered & Unreported Judgment of 4 September 2000); The State v Ale Anesa: CR No 472......
-
The State v Paul Membup (2008) N3679
...fined K300.00 Cases cited: The State v Kopiwan Pupuni (1998) N1709; The State v Nickson Pari (No 2) (2001) N2033; The State v Peter Erne (1999) N1939 1. GAVARA-NANU J: The accused pleaded guilty to unlawfully doing grievous bodily harm to one Peter Kan Kam on 27 December, 2007, at Londolovi......
-
The State v Yatime Korogula (No 2) (2009) N3742
...wholly on condition of good behaviour and compensation of K2028.00 already paid—Criminal Code, s319 Cases Cited The State v Peter Erne (1999) N1939; The State v Larsen Talian (2003) N2382 SENTENCE 1. KIRRIWOM. J: The prisoner Yatime Korogula was found guilty after a trial and convicted of u......