The State v Kosiri Norempa

• Jurisdiction: Papua New Guinea
• Judge: Kaumi J
• Judgment Date: 27 July 2026
• Neutral Citation: N11781
• Docket Number: CR 1269, 1270 & 1271 of 2024
• Date: 27 July 2026
• Counsel: Mr. Umpake. K for the State,Ms. Bomai. C for the offender,Counsel

N11781

[NATIONAL COURT OF JUSTICE]

CR 1269, 1270 & 1271 of 2024

The State

v.

Kosiri Norempa, Bleis Norempa, Kimoli Norempa

Kainantu: Kaumi J

2026: July 13 27

CRIMINAL LAW — Sentence-Criminal Code Act 1974 — Section 300 subsection (1) (a) Murder — Sorcery related killing-Mob attack — Group of men slashed reputed sorcerer to death — Neck chopped off — Multiple wounds to arm-victim bled to death — Physical and Inhuman torture was inflicted on victim before he was decapitated.

CRIMINAL LAW — Mitigating and Aggravating Factors-Belief in sorcery acknowledged but not a mitigating factor-Plea of Guilt — First Offenders-Prevalent Offence — Genuine Expression of Remorse — Prevalent Offence — Mitigating factors and comments on allocatus factored into Head Sentence

CRIMINAL LAW — Should All or Part of the Sentence be suspended — Imperative that there must be a basis substantiated by evidence for any recommendation of suspension of a custodial term in a Pre-Sentence Report

CRIMINAL LAW — Usual purposes of criminal sentencing of Deterrence and Retribution take precedent over Rehabilitation-Not worst type of offence-No Portion of sentence suspended-Criminal Code Ch.262, section 19 (1) (d) (6).

CRIMINAL LAW — It is incumbent on criminal sentencing courts to exercise the people's power vested in them by the Constitution to impose sentences that are in touch with the aspirations and attitudes of the people of PNG.

CRIMINAL LAW-Principle of Parity of Sentence, Like should Be Treated Alike-Disparity in Sentence Must Be Justified by Proportionate Recognition and Clearly Explained to Co-Offenders.

The offenders pleaded guilty to one count of murder. The matter was for sentence.

HELD:

[1] The principle of parity of sentence is a principle of law that states that a sentence should be ‘similar to sentences imposed on similar offenders for similar offences committed as in similar circumstances’. Andrew Uramani & 4 Others v The State [1996] PNGLR 287

[2] Its purpose entails the sentencing judge avoiding the imposition of sentences that are not only disproportionate and disparate among co-accused where essentially the same facts and circumstances indicate equivalent or like sentences. Secretary for Law v Witrasep Binengim [1975] PNGLR 172

[3] Where there are differences in terms of culpability or criminality, antecedents and character of co-offenders, a disparity in sentence is justified through the proportionate recognition of these differences and that such disparities are clearly explained to the co-offenders to avoid giving rise to a justifiable sense of dissatisfaction or a sense of injustice. Andrew Uramani & 4 Others v The State [1996] PNGLR 287

[4] The application of the parity principle is flexible given the peculiar circumstances of offenders. The State v Pandau Hahuahoru (No.2) [2002] PGSC 136; N2186 (21 February 2002) The State v Bira [2009] PGNC 274; N3633 (26 May 2009)

Legislation Cited:

Constitution of Papua New Guinea

Criminal Code 1974

Criminal Justice (Sentencing) Act 1986

The offenders pleaded guilty to one count of murder of a man suspected of sorcery. The matter was for sentencing.

Legislation Cited:

Constitution of Papua New Guinea

Criminal Code 1974

Cases Cited:

Secretary for Law v Witrasep Binengim [1975] PNGLR 172

Goli Golu v The State [1979] PNGLR 653

Acting Public Prosecutor vs. Uname Aumane & Others [1980] PNGLR 510

Lawrence Simbe v The State [1994] PNGLR 653

Andrew Uramani & 4 Others v The State [1996] PNGLR 287

The State v Siune Arnola [1997] N1658

The Acting Public Prosecutor v Don Hale (27/08/98) SC 564

The State v Boat Yokum and Eight Others [2002] N2337 Injia. J (as he then was)

The State v Nick Sambra & Another [2002] N2219

The State v Francis Kuta Amet & Ors CR 1418 of 2002 & CR 688 of 2003, unreported

The State v Irox Winston [2003] N2347 Kandakasi. J

The State v Urari Siviri [2004] N2747

The State v Wilfred Opu Yamande N'danabet [2004] N2728 (9 November 2004)

John Baipu v The State (2005) SC796

Manu Kovi v The State [2005] SC789

The State v Raka Benson [2006] PGNC 68 CR 447, 445

The State v Maraka Jackson [2006] N3237 (24 October 2006)

The State v John Kanua Suine & Kenneth Kunda Suine [2006] N112 (12 December 2006).

Irai Thomas v The State (2007) SC867

Saperus Yalibakut v. The State [2008] SC890

Thress Kumbamong v The State [2008] SC 1017 (Salika DCJ, Kandakasi and Yagi JJ)

The State v Bira [2009] PGNC 274; N3633 (26 May 2009)

The State v Mathias (2011) N4670 (09 September 2011)

The State v Avana Latuve (No.2) (2013) N5406 (20 June 2013)

The State v Gladwin Balik Niaka (2014) N5581 (14 April 2014)

Counsel

Mr. Umpake. K for the State

Ms. Bomai. C for the offender

Public Prosecutor: Lawyer for the State

Public Solicitor: Lawyer for the offender

SENTENCE

INTRODUCTION

1. Kaumi J: This is a decision on sentence for three brothers pleaded guilty to one count of murder on 13 March 2026 contrary to Section 300 (1) (a) of the Criminal Code Act Chapter 262.

ISSUE

2. The relevant issue is what the appropriate sentence is in this case.

FACTS

3. The State alleged that on 5 February 2025 at Kwaksilo village, near Marawaka in the Obura Wonenora District, Eastern Highlands Province, the three offenders and the village people were in mourning over the death of a brother of the three offenders. During the gathering the three offenders and others suspected the deceased, one Simi Kiri, a community schoolteacher, of causing the death of George by sorcery.

4. State alleged that they then grabbed the deceased and took him to where everyone had gathered. They then tied the deceased to a palm tree and the three offenders and others started assaulting him and chopping him with bush knives on his legs, hands and neck with intention to do grievous bodily harm. The deceased sustained bush knife wounds to his legs, hands and neck and died at the scene from those injuries.

5. State alleged that when the offenders inflicted those injuries from which the deceased died, they contravened Section 300 (1) (a) of the Criminal Code.

ANTECEDENT

6. Their respective Antecedent Reports provided to the Court by the State states that they have no prior convictions.

7. Their respective Antecedent Reports show that:

➢ Kosiri Norempa – is 22 years old and is from Kwasilo village, Obura Wonenara in the Eastern Highlands Province and was a third student at the University of Goroka at the time of the offence and is not married.

➢ Bleis Norempa – is 22 years old and from Kwasilo village, Obura Wonenara in the Eastern Highlands Province and the eldest of four siblings and was doing his second year at the Balob Teachers College in Lae at the time of the offence and not married.

➢ Kimoli Norempa – is 18 years old and from Kwasilo village in the Obura Wonenara in the Eastern Highlands Province and doing Grade 11 at the Ivingo Secondary High School in the Okapa District at the time of the offence and he is not married.

8. The co-offenders are brothers and whilst their parents unemployed at the time of the offence and rely on subsistence farming for their living. The offenders received formal education.

ALLOCATUS

9. When I administered allocatus to the offenders i.e. allowing them the opportunity to say what matters they would like the court to take into account when contemplating what kind of punishment to give them, the following is a paraphrased summary of their responses:

Kosiri Norempa —

“I say sorry for what I did wrong. I'm sorry in the eyes of God for breaking His Commandment. I say sorry for breaking the law of Papua New Guinea. I say sorry to the deceased and his family. I say sorry to the Court, the lawyers, CS officers and public in court. I say sorry to my family for burdening in raising K10,000.00 that was paid as compensation. I say sorry to my family for their hardship paying for my school fee and raising me. I believe I will not do this again. I am a third-year student at the University of Goroka. I realize the problem I am in, and I will not reoffend again, and I want to go back to school. Thank you.”

Bleis Norempa—

“I say sorry to GOD for breaking His Commandments. I say sorry for breaking the law of the country I say sorry to the family of the deceased and the deceased. I say sorry to my family for solving this problem by meeting the cost. I promise in the eyes of GOD that I will not do this kind of trouble again in future. I am a second-year student at Balob Teachers College. I ask the court for mercy so I can complete my education. Thank you.”

Kimoli Norempa —

“I say sorry to God in the eyes of the court and the law of the country which said I should not do this and the Ten Commandments. I say sorry to the victim and his family for what I did. The community did this and I realize it was wrong and will not do it again. I say sorry to my family for burdening them in raising K10,000.00 which was paid as compensation for my wrongdoing. I stayed 3 years at Bundaira Correctional Institution on remand and there were escapes during this time but I did not instead choose to stay on remand and I ask the court to consider this and have mercy on me. I am doing Grade 11 at Ivingo Secondary High School, and I promise I will not do this again. So, I ask for the Court's mercy to be put on probation so I can complete my education. Thank you”.

OTHER MATTERS OF FACT

10. The offenders pleaded guilty and so I will give them the benefit of the doubt on mitigating matters raised in the committal depositions, the allocatus and submission that are not contested by the prosecution Saperus Yalibakut v. The State (2008) SC890. In their respective records of interview, the offenders stated their belief in sorcery and whilst I acknowledge their belief, but I do not treat it as a mitigating factor. I will give my reasons for this later in my judgment.

SUBMISSION BY DEFENCE COUNSEL

11. Ms. Bomai of counsel highlighted the mitigating factors in the case and their surrender to police. She urged the court to apply...