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Papua New Guinea District Court |
Papua New Guinea
[In the Criminal Jurisdictions of the District Court Held at Waigani]
SITTING IN ITS COMMITTAL JURISDICTION
COM NO 26 OF 2021
BETWEEN:
NOEL WOYENU
[Informant]
AND:
WARI KUNDAI
[Defendants]
Waigani: Paul Puri Nii
24th February 2022
COMMITTAL PROCEEDINGS: Charge-Murder-Section 300(1)–Criminal Code Act. Witness statements- State evidence- appropriate formation of prima facie evidence - elements of the charge sustained –Evidence is evenhanded- Defendant committed to stand trial.
PRACTISE AND PROCEDURE: Assessment of evidence under Section 95 of the District Court Act. Victim perused by the Defendant and assaulted-elements of intention and premeditation. Evidence of attempted murder.
PNG Cases cited:
NIL
Overseas cases cited:
NIL
REFERENCE
Legislation
Criminal Code Act 1974, [Chapter 262]
District Court Act 1963, Chapter 40
Counsel
Police Prosecutor: Joseph Sangam For the Informant
Public Prosecutor: Caroline Bomai For the Defendant
COMMITTAL RULING
22th February 2022
INTRODUCTION
NII, P. Paul Magistrate. Decision on committal pursuant to Section 95 of the District Court Act. On 17th January 2022, Defendant asked the court to go through the Police file and make a ruling. The same approach was taken by police and thus is my ruling.
CHARGE
“300. MURDER.
(1)[1] [2]Subject to the succeeding provisions of this Code, a person who kills another person under any of the following circumstances is guilty of murder:–
(a) if the offender intended to do grievous bodily harm to the person killed or to some other person;
(b) if death was caused by means of an act–
(i) done in the prosecution of an unlawful purpose; and
(ii) of such a nature as to be likely to endanger human life;
(c) if the offender intended to do grievous bodily harm to some person for the purpose of facilitating–
(i) the commission of a crime other than a crime specified by a law (including this Code) to be a crime for which a person may only be arrested by virtue of a warrant; or
(ii) the flight of an offender who has committed or attempted to commit an offence referred to in Subparagraph (i);
(d) if death was caused by administering any stupefying or overpowering thing for a purpose specified in Paragraph (c);
(e) if death was caused by wilfully stopping the breath of a person for a purpose specified in Paragraph (c).
Penalty: Subject to Section 19, imprisonment for life.”
BRIEF PARTICULARS
ISSUE
THE LAW
“95 Court to consider whether prima facie case.
(1) Where all the evidence offered on the part of the prosecution has been heard or received, the Court shall consider whether it is sufficient to put the defendant on trial.
(2) If the Court is of opinion that the evidence is not sufficient to put the defendant on trial for an indictable offence it shall immediately order the defendant, if in custody, to be discharged as to the information then under inquiry.
(3) If the Court is of opinion that the evidence is sufficient to put the defendant on trial for an indictable offence, it shall
proceed with the examination in accordance with this Division.”
EVIDENCE
Police case
No | Name | Particulars | statements |
1 | Cathy Yakin | Deceased’s wife | Witness says the Defendant threw a bottle of beer on the deceased and deceased threw another on the Defendant. This witness says Defendant
and deceased exchanged swearing words which later led to the incident of bottle throwing and death. |
2 | Alois Michael | Witness | This witness says he lives next to the incident scene and witnessed the whole incident. Witness says Defendant hit the accused twice
on his head and later stabbed the deceased on his neck. |
3 | Jackeline Stanley | Witness | Witness says she stopped the Defendant from hitting the accused but she says she was overpowered by the Defendant and went straight
to the deceased and hit him with an empty bottle of 125 liters’ trade winds Rum Blue berry. |
4 | Ronia Siwi | Witness | This witness says she saw the Defendant hitting the accused twice on his head with an empty bottle and later stabbed him with a broken
bottle on his neck. |
5 | Dr Sylvester Kotapu | Medical Doctor with Port Moresby General Hospital | This witness is the one who conducted the postmortem on the deceased late Paul Piramb Mai and found that there was redirection force
applied at the impact moment causing the cut on the neck that led to the victim losing his life. Doctor says the cause of death is
losing a lot of blood from the deep cut sustained. |
Samuel Koe- this witness is a policeman who works with the Police Forensic Science and he says he attended the crime scene and took photos and inspected the whole scene.
Cecelia Dangi- She is the policewoman who investigated the allegation and thus led to the arrest of the Defendant.
Defense case
DELIBERATION OF EVIDENCE
RULING
CONCLUSION
ORDERS
Public Solicitor For the defendant
Police Prosecutor For the State
[1] Section 300(1) amended by Act No. 13 of 1977, s22; amended by Act No. 12 of 1982, s3.
[2] Section 300(1) amended by Act No. 13 of 1977, s22; amended by Act No. 12 of 1982, s3.
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