Mad v Trust Territory [1973] TTLawRp 26; 6 TTR 550 (11 July 1973)

6 TTR 550

MIKEL MAD, Appellant

v.

TRUST TERRITORY OF THE PACIFIC ISLANDS, Appellee

Criminal Appeal No. 35

Appellate Division of the High Court

July 11, 1973

Prosecution for murder by torture. The Appellate Division of the High Court, Brown, Associate Justice, held that intent to kill need not be shown, only intent to cause suffering for purposes of vengeance, extortion or other evil propensity.

1. Homicide--Murder by Torture--Elements of Offense

Under statute providing that "every person who shall unlawfully take the life of another with malice aforethought by poison, lying in wait, torture, or any other kind of wilful, deliberate, malicious, and premeditated killing," shall be guilty of first degree murder, there did not have to be an intent to kill, but only an intent that the victim suffer for purposes of vengeance, extortion or some other evil propensity, where unlawful killing of allegedly unfaithful wife with malice aforethought by torture was charged; and the torture made other evidence of premeditation unnecessary. (11 TTC § 751)

2. Statutes-Construction-Legislative Intent

It is High Court's duty to carry legislature's intent into effect in the fullest degree, and a construction of a statute should not be such as to nullify, destroy or defeat that intent.

3. Statutes-Construction

A statute should be construed so as to give effect to all its provisions.

4. Bail and Recognizance--Generally

Court must construe incidents and effects of release on bail in accord with principles developed in the United States where bail was well understood there and entirely foreign to Micronesian customs.

5. Criminal Law-Sentence--Suspension

Trial court may suspend part of a mandatory life sentence. (11 TTC § 1459)

6. Criminal Law-Appeals-Stay of Sentence

Trial court had power to grant stay of execution of mandatory life sentence pending appeal.

7. Bail and Recognizance--Pending Appeal-Murder

Trial court may grant bail pending appeal of a life sentence for murder, the execution of which has been suspended pending the appeal.

Counsel for Appellant:	WILLIAM E. NORRIS, ESQ.,
		Assistant Public Defender
Counsel for Appellee:	JAMES E. WHITE, ESQ.,
		District Attorney