The State v Jonathan Apamba Wangu (2001) N2170

• Jurisdiction: Papua New Guinea
• Judge: Kandakasi J
• Judgment Date: 12 December 2001
• Citation: (2001) N2170
• Court: National Court
• Year: 2001
• Judgement Number: N2170

Full Title: The State v Jonathan Apamba Wangu (2001) N2170

National Court: Kandakasi J

Judgment Delivered: 12 December 2001

N2170

PAPUA NEW GUINEA

[IN THE NATIONAL COURT OF JUSTICE]

CR NO. 544 of 2001

THE STATE

-V-

JONATHAN APAMBA WANGU

WEWAK: KANDAKASI, J.

2001: 11th and 12th December

CRIMINAL LAW — Sentence — Murder — Repeated attacks using a bush knife severing both arms at the elbow and one deep penetrating cut across the back resulting in the collapsing of both lungs — Guilty plea — No prior convictions — Provocation in the non legal sense — Sentence of 10 years in had labour imposed — Criminal Code ss. 300 (1) (a) & 19.

Cases cited:

The State v. Andrew Keake (unreported judgement delivered on 27/02/01) N2097

The State v.

The State v. Ngetto Rex Rongo (unreported judgement delivered 20/12/00) N2035

The State v. Laura (No. 2) [1988-89] PNGLR 98

Simbe v. The State [1994] PNGLR 38.

The State v. Maria Er N 1749

Counsel

M. Ruarri for the State

G. Korei for the Accused

DECISION ON SENTENCE

12the December, 2001

KANDAKASI J: You pleaded guilty to one count of murder contrary to section 300 (1) (a) of the Criminal Code. Upon being satisfied that the evidence produced by the State against you supported your guilty plea, I confirmed your guilty plea and then convicted you of the murder of one Michael Silas. I then heard what you heard to say about your commission of the offence and on the factors I should take into account before sentencing you. I also heard what your lawyer had to say on your behalf and reserved a ruling to today.

The law requires me to take into account the particular circumstances in which you committed the offence and the factors operating both for and against you. I will therefore, first consider the facts followed by a consideration of the factors operating both for and against you as well as the relevant law in this type of cases.

The Facts

On Saturday the 10th of February 2001, around 9:00am, the deceased, Michael Silas was under the veranda of a house talking to a lady. You were at that time armed with a bush knife and two spears. You say you were returning from your garden where you had gone to harvest banana for your old father. On the way back, you came into contact with the deceased who was armed with a bush knife. Upon meeting you, you say he said to you words to the effect that "I always wanted see you face to face and now I am able to see you". You go on to say that the deceased then started to swing the bush knife he had with him at you and you fought back using the bush knife you had. You first cut and severed the deceased right arm below the elbow and then the left at around the same spot as the right hand. Medical evidence and other material on file shows that the deceased also sustained a serious and deep cut to his back which cut through the back bone and penetrated internally resulting in a collapsing of both of the deceased's lungs. These injuries eventually led to the death of the deceased not long after they were inflicted.

One witness states that the deceased was unarmed and did not do anything at the time of your attack to cause you to attack him. At the same time however, there is other evidence from another witness suggesting that the deceased had raped your older brother's wife sometime earlier. This gives rise to the suggestion that, that incident caused you to attack the deceased in the way you have.

The Law

The offence of murder and its penalty is prescribed by section 300(1) (a) of the Criminal Code. It prescribes a maximum penalty of life imprisonment. The offence is...