The State v Anton Komboni

• Jurisdiction: Papua New Guinea
• Citation: (2015) N5991
• Date: 17 June 2015
• Court: National Court
• Year: 2015

Full : CR. 496 of 2015; The State v Anton Komboni (2015) N5991

National Court: Geita J

Judgment Delivered: 17 June 2015

CRIMINAL LAW—Guilty Plea—Victim slashed on the throat with tip of grass knife—Victim and prisoner young lovers- Disclosure of pregnancy forced prisoner into a rage -Murder, s300 (1) (a) of the Criminal Code—

CRIMINAL LAW- Sentence—Favourable mitigation circumstances—Sizable compensation paid—Early guilty plea—youthful first time offender- Incarceration considered inappropriate—Rehabilitation considered instead—Prisoner given a second chance.

CRIMINAL LAW—Sentenced to 16 years less pre trial custody of 5 months. Nominal 3 years suspended—Remaining sentence wholly suspended on Probation with 200 hours work orders. s300 (1) (a) of the Criminal Code and s16 & s17 Probation Act Ch No. 381.

Cases Cited

Acting Public Prosecutor -v- Joe Kovea Mailai [1981] PNGLR 258

Goli Golu v The State [1979] PNGLR 653

John Kalabus v The State [1988] PNGLR 193

Kuri Willie v The State (1987) PNGLR 298

Manu Kovi v The State [2005] PGSC 34; SC789

St v Mavis Uraro (2012) N5164

St v Taulaola Pakai (2010) N4125

Paulus Mandatitip and Anor -v- The State [1978] PNGLR 128

Thress Kumbakor vs State

1. GEITA J: Upon arraignment the prisoner Anton Komboni pleaded guilty to one count of murder contrary to s.300 (1) (a) of the Criminal Code Act. This offence attracts a maximum penalty of life imprisonment however s19 (1) (a) (b) of the Criminal Code gives courts powers to impose a lesser sentence.

The Facts

2. The relevant facts put to you during your arraignment and the agreed facts by the prosecution and your lawyer on the depositions for the plea of guilty with your consent are these. On the night of 3 January 2015, after you and the deceased Lucia Namtakorme had consensual sexual intercourse in nearby bushes at Hambasama-Sem village, you cut her throat with a grass knife resulting in her death. This was after the deceased confessed to you that she was pregnant which provoked you into pressing her to tell you who the man was.

Allocutus

3. When you were given the...