The State v Ipu Samuel Yomb

JurisdictionPapua New Guinea
Citation[1992] PNGLR 261
Date12 February 1992
CourtNational Court
Year1992

National Court: Doherty J

Judgment Delivered: 12 February 1992

1 Criminal law—arson—sentence—matters to be considered—burning of building—putting lives at risk more serious

___________________________

Doherty J: The defendant was indicted and pleaded guilty to one count of arson contrary to s436 of the Criminal Code.

The incidence of this arson was a particularly a bad one as Counsel for the defence as conceded.

The fact show that the householder his wife and family were asleep in their home on 1 December 1990. It is not clear how many children were with their parents, the evidence refers to "children" making it clear there was more than one child, the list of personal effects lost (accepted as part of the evidence) shows clothes belonging the other people (including one baby) leading to an inference that there were between two and five children in the house at the time in question.

At about 3.30am in the morning one of the daughters woke the parents because she felt the heat coming from the roof. As soon as they woke up they could see that the roof of the house was burning.

They tried to leave only to find that the door was locked on the outside barring their way out. This aspect of the case is, to my mind, one of the worst aspects of this offence. Both eyewitnesses, Steven Koborogi and his wife Ester say that they tried to open the door but it was locked from the outside...

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27 practice notes
  • The State v Samson Leila (Prisoner) (2012) N4770
    • Papua New Guinea
    • National Court
    • 24 August 2012
    ...Kerua [1985] PNGLR 85; Public Prosecutor v Tardrew [1986] PNGLR 91; Paul Mase v The State [1991] PNGLR 88; The State v Ipu Samuel Yomb [1992] PNGLR 261; The State v Akena Pawa [1998] PNGLR 387; The State v Andrew Yeskulu [2003] PNGLR 27; The State v Robin Warren (No 2) (2003) N2418; The Sta......
  • CR. 88 of 2012; The State v Langalen Yandan (No. 2) (2012) N4833
    • Papua New Guinea
    • National Court
    • 19 October 2012
    ...Yeskulu [2003] PNGLR 27Goli Golu v The State [1979] PNGLR 653; Lawrence Simbe v The State [1994] PNGLR 38; The State v Ipu Samuel Yomb [1992] PNGLR 261; The State v Seye Wasea Bukere (1999) N1848; The State v Andrew Yeskulu [2003] PNGLR 27; The State v Bernard Bambai (2006) N3019; The State......
  • The State v Henny Wamahau Ilomo (2003) N2420
    • Papua New Guinea
    • National Court
    • 1 May 2003
    ...Ao (No 2) [2002] PNGLR 55, The State v Otom Masa (2000) N2021, The State v Andrew Yeskulu [2003] PNGLR 27, The State v Ipu Samuel Yomb [1992] PNGLR 261 and Roger Jumbo v The State [1998] PNGLR 197 referred to ___________________________ Kandakasi J: You pleaded guilty to one charge of arson......
  • The State v Matthew Balu & Bernard Kavanamur Balu (2011) N4362
    • Papua New Guinea
    • National Court
    • 3 August 2011
    ...Johnston (No 2) (2004) N2586; The State v James Wakis (2008) N3426; The State v Michael Waragu (2007) N3265; The State v Ipu Samuel Yomb [1992] PNGLR 261 SENTENCE 3rd August, 2011 1. MALIKU, AJ: The defendant Matthew Balu and Bernard Kavanamur Balu were each and severally charged with seven......
  • Request a trial to view additional results
27 cases
  • The State v Samson Leila (Prisoner) (2012) N4770
    • Papua New Guinea
    • National Court
    • 24 August 2012
    ...Kerua [1985] PNGLR 85; Public Prosecutor v Tardrew [1986] PNGLR 91; Paul Mase v The State [1991] PNGLR 88; The State v Ipu Samuel Yomb [1992] PNGLR 261; The State v Akena Pawa [1998] PNGLR 387; The State v Andrew Yeskulu [2003] PNGLR 27; The State v Robin Warren (No 2) (2003) N2418; The Sta......
  • CR. 88 of 2012; The State v Langalen Yandan (No. 2) (2012) N4833
    • Papua New Guinea
    • National Court
    • 19 October 2012
    ...Yeskulu [2003] PNGLR 27Goli Golu v The State [1979] PNGLR 653; Lawrence Simbe v The State [1994] PNGLR 38; The State v Ipu Samuel Yomb [1992] PNGLR 261; The State v Seye Wasea Bukere (1999) N1848; The State v Andrew Yeskulu [2003] PNGLR 27; The State v Bernard Bambai (2006) N3019; The State......
  • The State v Henny Wamahau Ilomo (2003) N2420
    • Papua New Guinea
    • National Court
    • 1 May 2003
    ...Ao (No 2) [2002] PNGLR 55, The State v Otom Masa (2000) N2021, The State v Andrew Yeskulu [2003] PNGLR 27, The State v Ipu Samuel Yomb [1992] PNGLR 261 and Roger Jumbo v The State [1998] PNGLR 197 referred to ___________________________ Kandakasi J: You pleaded guilty to one charge of arson......
  • The State v Matthew Balu & Bernard Kavanamur Balu (2011) N4362
    • Papua New Guinea
    • National Court
    • 3 August 2011
    ...Johnston (No 2) (2004) N2586; The State v James Wakis (2008) N3426; The State v Michael Waragu (2007) N3265; The State v Ipu Samuel Yomb [1992] PNGLR 261 SENTENCE 3rd August, 2011 1. MALIKU, AJ: The defendant Matthew Balu and Bernard Kavanamur Balu were each and severally charged with seven......
  • Request a trial to view additional results

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