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.
___________________________
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...
To continue reading
Request your trial-
The State v Mark Kanupio, Balwin Kining, Peter Pasikio, Steven Lipilas and Paul Nowor (2005) N2800
...(2000) N2020 The State v Peter John Plesman and Others (1997) N1657 The State v Peter Yawoma (2001) N2032 The State v Sabarana Yakal [1988-89] PNGLR 129 F Popeu for the State O Oiveka for the accused CANNINGS J: INTRODUCTION This is a decision on the sentence for five men (the co-accused) w......
-
The State v Paeyan Sikar and Leonard Gawi (2003) N2545
...deterring would be offenders – 3 years sentence imposed - Criminal Code ss.398(a)(i) and 19 Cases cited: The State v. Sabrina Yakal [1988-89] PNGLR 129. The State v. James Gurave Guba (19/12/00) N2020. The State v. Jack Oroko Tepol (08/10/99) N194. The State v. Sam Nimino [1977] PNGLR 226. ......
-
The State v Henry Idab (2001) N2172
...suspended on terms — Village Courts Act 1989 ss.26 -30 — Criminal Code ss. 319, 7, 8 & 19. Cases cited: The State v. Sabarina Yakal [1988-89] PNGLR 129) The State v. Andrew Keake (unreported judgement delivered on 27/02/01) N2097 State v. Nickson Pari (No.2) (10/01/01) N2033 The State v. Da......
-
The State v Louise Paraka (2002) N2317
...Cases cited: The State v. James Gurave Guba (19/12/00) N2020. The State v Joseph Ping (17/12/01) N2169. The State v. Sabarina Yakal [1988-89] PNGLR 129. Dori Inaria v. The State (unreported judgement delivered 10/07/02) SC688 . The State v. James Gurave Guba (unreported judgement delivered ......
-
The State v Mark Kanupio, Balwin Kining, Peter Pasikio, Steven Lipilas and Paul Nowor (2005) N2800
...(2000) N2020 The State v Peter John Plesman and Others (1997) N1657 The State v Peter Yawoma (2001) N2032 The State v Sabarana Yakal [1988-89] PNGLR 129 F Popeu for the State O Oiveka for the accused CANNINGS J: INTRODUCTION This is a decision on the sentence for five men (the co-accused) w......
-
The State v Paeyan Sikar and Leonard Gawi (2003) N2545
...deterring would be offenders – 3 years sentence imposed - Criminal Code ss.398(a)(i) and 19 Cases cited: The State v. Sabrina Yakal [1988-89] PNGLR 129. The State v. James Gurave Guba (19/12/00) N2020. The State v. Jack Oroko Tepol (08/10/99) N194. The State v. Sam Nimino [1977] PNGLR 226. ......
-
The State v Henry Idab (2001) N2172
...suspended on terms — Village Courts Act 1989 ss.26 -30 — Criminal Code ss. 319, 7, 8 & 19. Cases cited: The State v. Sabarina Yakal [1988-89] PNGLR 129) The State v. Andrew Keake (unreported judgement delivered on 27/02/01) N2097 State v. Nickson Pari (No.2) (10/01/01) N2033 The State v. Da......
-
The State v Louise Paraka (2002) N2317
...Cases cited: The State v. James Gurave Guba (19/12/00) N2020. The State v Joseph Ping (17/12/01) N2169. The State v. Sabarina Yakal [1988-89] PNGLR 129. Dori Inaria v. The State (unreported judgement delivered 10/07/02) SC688 . The State v. James Gurave Guba (unreported judgement delivered ......