The State v Peter Kose Wena
| Jurisdiction | Papua New Guinea |
| Citation | [1993] PNGLR 168 |
| Date | 19 November 1993 |
| Court | National Court |
| Year | 1993 |
National Court: Kapi DCJ
Judgment Delivered: 19 November 1993
1 Criminal law—Criminal Law (Compensation) Act 1991—relevance—necessity for means assessment report
2 Criminal law—sentence—compensation order as punishment—relevance of customary compensation
___________________________
Kapi DCJ: The accused pleaded guilty to one count of robbery contrary to s386 of the Code and one count of unlawful use of a motor vehicle contrary to s383 of the Code.
After I administered the allocutus, I brought to the attention of counsel the existence of the Criminal Law (Compensation) Act 1991 (as amended) and it's relevance to the question of sentence. I adjourned the case to enable both counsel to study the legislation. Counsel have studied the legislation and have made submissions.
The Criminal Law (Compensation) Act 1991 (hereinafter referred to as the Act) was passed by the National Parliament in 1991. It came into force on 17 September 1992.
Application of the Act.
This Act applies to all criminal offences that come before the National Court and the District Court (see definition of "court" in s1 and s2 of the Act). In every case where the court is considering sentence, it must have regard to the terms of this Act, in addition to any other punishment that may be imposed under any other law
(s2(1)).
The primary decision the court needs to make is "whether in the circumstances of the case, compensation order should be ordered" (s2(2)). In...
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...Noring John v The State (2002) (Unreported and Unnumbered Supreme Court Judgment from SCRA 14/2002) and The State v Peter Kose Wena [1993] PNGLR 168 referred to ___________________________ By the Court: This is an appeal against sentence imposed by the National Court at Mt Hagen on 6 August......
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...N2205, The State v Ben Simakot Simbu (No 2) (2004) N2546, Joe Foe Leslie Leslie v The State (1998) SC560, The State v Peter Kose Wena [1993] PNGLR 168, The State v Philip Susuve Raipa [1994] PNGLR 458, The State v William Muma [1995] PNGLR 161, The State v Godfrey Edwin Ahupa (1998) N1789, ......
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...Acting Public Prosecutor v Konis Haha [1981] PNGLR 205; Public Prosecutor v Sidney Kerua [1985] PNGLR 85; The State v Peter Kose Wena [1993] PNGLR 168 SENTENCE 13th August, 2010 1. MAKAIL, J: Marcus Yame, you were indicted by the State with two counts of sexual assault of a female contrary ......
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Anna Max Marangi v The State (2002) SC702
...Noring John v The State (2002) (Unreported and Unnumbered Supreme Court Judgment from SCRA 14/2002) and The State v Peter Kose Wena [1993] PNGLR 168 referred to ___________________________ By the Court: This is an appeal against sentence imposed by the National Court at Mt Hagen on 6 August......
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