Sela Gipe v The State (2000) SC661
| Jurisdiction | Papua New Guinea |
| Citation | [2000] PNGLR 271 |
| Date | 23 February 2000 |
| Court | Supreme Court |
| Year | 2000 |
Full Title: Sela Gipe v The State (2000) SC661
Supreme Court: Hinchliffe J, Jalina J, Sakora J
Judgment Delivered: 23 February 2000
1 Courts and Judges—Judges—Fair Trial—Judge meeting with a key prosecution witness during trial for private commercial purposes—No objection from Counsel—Accused not consulted—Miscarriage of justice.
2 Criminal Law—Fair Trial—Judge meeting with a key prosecution witness during trial for private commercial purposes—Miscarriage of justice—Appearance of bias—New trial ordered.
3 Kwame Okyere Boateng v The State [1990] PNGLR 342 and R v Liverpool City Justices; Ex parte Topping [1983] 1 WLR 119; [1983] 1 All ER 490 referred to
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By the Court: The appellant was charged that he between 28 June 1995 and 18 July 1996 whist being employed in Lae by the Morobe Provincial Government as Tax Assessor dishonestly applied to his own use K141,877.04 the property of Morobe Provincial Government. He pleaded not guilty and after a trial over a period of about 12 days between 22 March and 17 August 2000, was then convicted. He was sentenced to 4 years imprisonment in hard labour. Two years of that sentence was ordered to be suspended if K92,761.00 was repaid within two years.
He has appealed against his conviction and sentence on the following grounds:
"(a) I never misappropriated any monies and was not responsible.
(b) The conviction was unsafe and unsatisfactory and against all the evidence produced in court.
(c) The court cold not have been satisfied beyond a reasonable doubt as to my guilt for the following reason.
(i) The manner of identification was prejudiced to my defence.
(ii) The witness...
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In the matter of enforcement of basic rights under the Constitution of the Independent State of Papua New Guinea, Section 57; The Independent State of Papua New Guinea and The Chief Migration Officer, Rabura Mataio v the Transferees and Amnesty International (2015) SC1451
...(2012) SC1187 Reference by East Sepik Provincial Executive (2011) SC1154 Robinson v. The State [1986] PNGLR 307 Sela Gipe v. The State [2000] PNGLR 271 Special Reference by Morobe Provincial Executive; re Election of Governor General (2012) SC108 Thomas Kavali v. Thomas Hoihoi [1984] PNGLR ......
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The Independent State of Papua New Guinea and the Chief Migraiton Officer, Rabura Mataio v the Transferees and Amnesty International (2014) SC1348
...N2147 Sir Julius Chan v. The Ombudsman Commission (1998) SC607 Kwame Okyere Boateng v. The State [1990] PNGLR 342 Sela Gipe v. State [2000] PNGLR 271 Herman Joseph Leahy (2006) SC9681 Patrick Pruaitch v. Chronox Manek (2012) SC1168 Lysenko v. National Airline Commission [1989-90] PNGLR 69 N......
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Francis Karogo, representative of Kerakera Lololo Clan of Gavaiva Village v James Kave, representative of Kevemuki Clan of Gule Village and Paskalise Kupa, representative of Bualali Clan of Gavutu Village and Roy Mou, representative of Bobiso Clan of Koimumu Village and His Worship Regett Marum, Provincial Land Court Magistrate and the Independent State of Papua New Guinea (2019) N8134
...[1990] PNGLR 342 Mision Asiki v Manasupe Zurenuoc (2005) SC797 Ombudsman Commission v Peter Yama (2004) SC747 Sela Gipe v The State [2000] PNGLR 271 The State v District Land Court at Kimbe; ex parte Casper Nuli [1981] PNGLR 192 Thomas Kavali v Thomas Hoihoi [1984] PNGLR 182 Wohengu v Hicke......
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