Tony Imunu Api v The State (2001) SC684

• Jurisdiction: Papua New Guinea
• Citation: (2001) SC684
• Date: 29 August 2001
• Court: Supreme Court
• Year: 2001

Full Title: Tony Imunu Api v The State (2001) SC684

Supreme Court: Los J, Sevua J, Kandakasi J

Judgment Delivered: 29 August 2001

1 Criminal Law—Wilful murder—Appeal against sentence—Grounds of Appeal raise issues on conviction—Defence of alibi not raised in examination—Rule in Browne v Dunn (1893) 6 R 67 (HL).

2 Criminal Law—Wilful murder—Circumstantial evidence.

3 Criminal Law—Wilful murder—Sentence—Life imprisonment—Worst type of killing—Comments on a death penalty in serious wilful murder cases.

4 Paulus Pawa v The State [1981] PNGLR 498, The State v Tom Morris [1981] PNGLR 493, Barca v R (1975) 113 CLR 82; 50 ALJR 108, Browne v Dunn (1893) 6 R 67 (HL), The State v Sei Nakiking Tubol [1994] PNGLR 378, William Norris v The State [1979] PNGLR 605, House v R (1936) 55 CLR 499, R v Taylor [1985] VR 285 and Wanosa v R [1971–72] PNGLR 90 referred to

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By the Court: The appellant was convicted of wilful murder by the National Court at Waigani on 11 October 2000, and sentenced to life imprisonment on 28 December 2000. He now appeals against sentence, although his grounds of appeal appear to dispute conviction as well.

The notice of appeal filed on 23 January 2001 is headed "APPEAL AGAINST SENTENCE". We do not intend to set out the grounds of appeal: suffice it to say that the appellant seems to raise the defence of insanity and the issue of circumstantial evidence.

The facts of the case resulting in the charge of wilful murder were these. The deceased John Sarufa, was a 14 year old, Grade 6 student at Kilakila Community School, who, prior to his death, was recently transferred from Daru in Western Province. On the afternoon of Wednesday, 25 August 1999, he returned home to Kaugere after school when he changed clothes and took K2.00 from his aunt and walked to the shop. He never returned to the house and was subsequently found dead behind...