The State v Sabarina Yakal [1988–89] PNGLR 129

• Jurisdiction: Papua New Guinea
• Citation: [1988–89] PNGLR 129
• Date: 26 April 1989
• Court: National Court
• Year: 1989

Full Title: The State v Sabarina Yakal [1988–89] PNGLR 129

National Court: Brunton AJ

Judgment Delivered: 26 April 1989

1 Criminal law—sentence—murder—plea of guilty—provocation for purpose of sentencing

2 CRIMINAL LAW—Sentencing—On plea of guilty—Use of depositions for purpose of sentencing.

3 Public Prosecutor v Yapuna Kaso [1977] PNGLR 209 and Public Prosecutor v Tom Ake [1978] PNGLR 469 referred to

Held:

Depositions may be used on sentence on a plea of guilty provided the facts are not challenged and are within the bounds of reasonable possibility.

Public Prosecutor v Yapuna Kaso [1977] PNGLR 209 at 212 and Public Prosecutor v Tom Ake [1978] PNGLR 469 at 471, considered.

Judgment on sentence

Following a plea of guilty to a charge of murder Brunton AJ delivered a judgment on sentence, a portion only of which is reported.

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Introduction

Brunton AJ: The prisoner is a 25–year–old woman, married, with one child. She is charged with the murder of Kepaken Kia, her husband's uncle. The indictment was laid under s300(1)(a) of the Criminal Code (Ch262). The prisoner pleaded guilty to the indictment and her counsel Mr Tera furnished me with a certificate stating that the consequences of the plea had been explained to the prisoner.

The depositions and other material

The facts of this case were contained...