The State v Peter Kirivi [1987] PNGLR 489
Jurisdiction | Papua New Guinea |
Judgment Date | 02 February 1984 |
Citation | [1987] PNGLR 489 |
Year | 1987 |
Court | National Court |
Judgement Number | N663 |
Full Title: The State v Peter Kirivi [1987] PNGLR 489
National Court: Kidu CJ
Judgment Delivered: 2 February 1984
1 Criminal law—official corruption
CRIMINAL LAW—Particular offences—Official corruption—Elements of offence—Need to prove corrupt use of office for gain—Criminal Code (Ch262), s87.
CRIMINAL LAW—Particular offences—Extortion by public officers—Elements of offence—Requires proof of bribery to perform duty of office—Does not apply to seeking extra emoluments—Criminal Code (Ch262), s88.
Held:
(1) Where a person being a public servant is charged with the offence under s87 of the Criminal Code (Ch262) of corruptly asking, receiving or obtaining any property or benefit of any kind for himself on account of anything done or to be done by him in the discharge of the duties of his office, proof is required of the corrupt use of the particular office held for gain.
R v David [1931] QWN 2, followed.
(2) Where a person, being a public servant is charged with the offence under s88 of the Criminal Code (Ch262) of taking or accepting from any person, for the performance of his duty as that officer, any reward beyond his proper pay and emoluments, proof is required that the public servant has the power to do something or to perform a public duty that he is entrusted with as a public servant and is bribed by someone to perform that duty or not to perform it: obtaining or...
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Stanley Japele v The State
...specified or designated duties of the particular office or position held by a public servant or public officer: The State v Peter Kirivi [1987] PNGLR 489 and The State v Mollo [1988] PNGLR 49 referred (2) An accomplice is a person privy to the criminal intent of the accused: The State v Nat......
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The State v Waesa Mollo [1988] PNGLR 49
...particular office and the corrupt use of the particular office held for gain. R v David [1931] QWN 2, and the The State v Peter Kirivi [1987] PNGLR 489, followed and applied. (2) Where a person is charged under s87(1)(a) with corruptly receiving as a public servant and a person is charged u......
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Stanley Japele v The State
...specified or designated duties of the particular office or position held by a public servant or public officer: The State v Peter Kirivi [1987] PNGLR 489 and The State v Mollo [1988] PNGLR 49 referred (2) An accomplice is a person privy to the criminal intent of the accused: The State v Nat......
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The State v Waesa Mollo [1988] PNGLR 49
...particular office and the corrupt use of the particular office held for gain. R v David [1931] QWN 2, and the The State v Peter Kirivi [1987] PNGLR 489, followed and applied. (2) Where a person is charged under s87(1)(a) with corruptly receiving as a public servant and a person is charged u......