John Kapil Tapi v The State (2000) SC635

• Jurisdiction: Papua New Guinea
• Citation: (2000) SC635
• Date: 30 March 2000
• Court: Supreme Court
• Year: 2000

Full Title: John Kapil Tapi v The State (2000) SC635

Supreme Court: Kapi DCJ, Injia J, Sawong J

Judgment Delivered: 30 March 2000

1 Criminal Law—Sentence—Manslaughter—Plea—Killing of Wife—16 years—Principles and range of sentences for manslaughter discussed—Appeal dismissed—Criminal Code (Ch 292), s302.

2 Rex Lialu v The State [1990] PNGLR 487, Antap Yala v The State (1996) SCR 69 of 1996, Jack Tanga v The State [1999] PNGLR 216 referred to

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By the Court: This is an appeal by the appellant in person, against sentence only. He was convicted and sentenced to sixteen (16) years imprisonment for unlawfully killing his wife contrary to s302 of the Criminal Code (Ch262). That sentence was imposed upon him by the National Court in Mt Hagen on 19 August 1999 after the Appellant pleaded guilty to the charge.

The short facts were that the deceased was married to the appellant. They had been living in the appellant's village. Prior to 5 April 1999, the deceased left the appellant and went back to her village. And so on 5 April 1999, the appellant armed with a bush knife went searching for her and her relatives intending to cause some harm to them. When he arrived at the deceased's village he hid himself to avoid being seen by the deceased or her relatives. He waited until it was dark and then went and waited outside the house of the deceased's mother. He waited for some time waiting in ambush and when the deceased came out...