Pemu Muro v The State (2006) SC842

• Jurisdiction: Papua New Guinea
• Date: 30 June 2006
• Citation: (2006) SC842
• Docket Number: SCA.No. 36 of 2005
• Court: High Court
• Year: 2006

Full Title: SCA.No. 36 of 2005; Pemu Muro v The State (2006) SC842

High Court: Hinchliffe J, Gavara–Nanu J, & Lenalia J

Judgment Delivered: 30 June 2006

1 CRIMINAL LAW—Appeal—Sentencing disparity—Principle of—Considerable disparity—Unidentifiable error on part of trial judge—Appeal up-held - Sentence of 30 years quashed—Substitution of 15 years.

2 CRIMINAL LAW—Appeal against disparity of sentence—Disparity of 20 years difference—Considerable disparity—Sentence of 30 for offence of murder—Co accused earlier convicted and sentenced—Co accused earlier sentenced to 10 years Criminal Code s300.

3 Cases Cited: Secretary for Law v Witrasep Binengim [1975] PNGLR 172, Winugini Urugitaru v R [1974] PNGLR 283, William Norris v The State [1979] PNGLR 605, Simon Kama v The State (2004) SC740, Manu Kovi v The State (2005) SC789, Wanosa v R [1971–72] PNGLR 90, Andrew Uramani v The State [1996] PNGLR 287

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By the Court

1. BY THE COURT: The appellant appeals against a sentence of 30 years for the offence of murder imposed on him on 10 May 2005 here in Lae. The appellant was sentenced on the above date together with three other co - accused to the same term. The record of transcript at pages 13 and 14 (on the top of the pages) shows that, the appellant pleaded guilty to the charge. His accomplices also entered guilty pleas.

2. The appellant has one ground of appeal only on which he appeals against the sentence of 30 years on the basis that his co—accused Meta Pirigum was sentenced to 10 years imprisonment for the same offence. He argues that the 30 years term he received was more than his co—accused and rendering his sentence unfair when comparing it with the 10 years received by the other prisoner.

3. The State’s case before the trial court was that on 12 November 2002, the appellant and four others conducted a well-planned armed robbery during which a passing motor vehicle was shot at by one of the gang members. The victim Mason Belong was injured on his head from the shot that was fired by a co-accused of this appellant. The...