Albert Toti Yohannes v The State

• Jurisdiction: Papua New Guinea
• Citation: (1998) SC577
• Date: 28 September 1998
• Court: Supreme Court
• Year: 1998

Supreme Court: Amet CJ, Salika J, Sakora J

Judgment Delivered: 28 September 1998

1 Criminal Law—Severity of sentence—Life imprisonment

2 Sorcery claim—Allocutus—Mitigating factor on sentence—No evidence.

3 Sorcery—Enquiry of accused and counsel—Assistance of Court—Mitigation

4 Roger Jumbo v The State [1998] PNGLR 197 and Kwayawako v The State [1990] PNGLR 6 referred to

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By the Court: This was an appeal against a sentence of life imprisonment on conviction or two counts of murder and one court of wilful murder but accepted as murder on a plea.

The appellant was charged with one count of wilful murder, and two counts of murder. The State however accepted a plea to murder in relation to the wilful murder charge. He pleaded guilty to each of the two counts of murder and was sentenced to a term of life imprisonment on each of the charges. He now appeals against the severity of the sentence.

The facts of the case are that on 5 October 1995 at, Kimbe the appellant armed himself with a bushknife and a grass knife and attacked Dennis Lalo. Denis Lalo was able to escape the attack but sustained some injuries. The appellant started chasing people within the vicinity. He noticed Kundi William carrying her five year old daughter Joycelyn. The appellant chased them and when he caught up with them he chopped them to death. At the time Kundi William was 9 months 2 weeks pregnant and Joycelyn was three years and six months old. He cut open the woman's womb and took the unborn child out and threw it in the river.

The...