State v Siure [1977] PGNC 50; N116 (8 November 1977)

Unreported National Court Decisions

N116

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]
THE STATE
V
MUNEME SIURE AND 2 OTHERS

Madang

Prentice DCJ
7-8 November 1977

CRIMINAL LAW - Code ss.7(c) and 8 - joint pursuit armed after stabbing of two men - murder or wilful of another probable consequence of unlawful purpose.

PRENTICE DCJ: The three accused are chawged with the wilful murder of one Yowillo - a Morobean who attended as one of five Morobeans at the Raikos compound, Madang, on the night of 23rd July - to proat what had happened to Mowai Yena at the hands of the Raik Raikos men earlier in the evening on the Yabob Road. After the stabbing of Yena and Yeni in the Raikos compound, both these men and the deceased Yowillo and others ran away. They were chased by a mob of angry Raikos men, some of whom were armed and some of whom were shouting “kilim, kilim”. There is no suggestion that these accused were actually saying “kilim, kilim”, but the three accused were undoubtedly among this mob. The evidence against each of them consists principally of admissions in Records of Interview and in s.103 statements in the District Court. No statement was made by, or evidence called for, any of the defendants in this Court.

I remind myself that the elements of this case, as in all criminal matters, must be established beyond reasonable doubt, and that the contents of each of the Records of Interview, and of the s.103 statements may be used by way of admissions, only against the particular man making the admission.

I am satisfied to the necessary extent that the dead man was caught and felled by a blow of Muneme’s fist. This accused man had been involved in the chase, wielding a bush knife, which he swung without hitting an intended victim, whereupon the knife flew from his hand into the bush. He remained present in the close vicinity of the prostrate body of the deceased while the remaining assaults were committed. He stated that he himself did not wish to kill. Muneme’s presence after he struck the first flooring blow must I consider have acted as encouragement to and facilitation of the subsequent blows. The first of these was delivered in the shape of a blow of the fist to the supine body, by Mokewe who then stood close - “standing on top of Yowillo until he died”. Mokewe admits to being in a bad mood prepared to murder. He described the whole event as “only three of us murder that man”. Mokewe was present indirect contact and ready to help again if called upon and remained while the other man Yupe stabbed the victim.

Undoubtedly the victim died from yet another blow, that delivered by Yupe. (There were other minor injuries on the man’s head but it is not revealed by whom they were inflicted.) Death was due to a stab wound 3 cms. long which made a deep penetration in the nipple line between the 5th and 6th ribs, and penetrated the left cavity of the lung cutting two internal mammary arteries. The left pleural cavity had 3 to 4 litres of blood in it. Death was due to haemo-thorax and exsanguination - obviously solely from the stab wound. In his record of interview Yupe admitted to stabbing the deceased. He said he stabbed once, and missed a second time. He wanted to kill or murder the man he said, because the victim punched him. In his s.103 statement he said “I came after and stabbed him on the chest, at that time we plenty men were there so we killed him dead altogether”. He identified that the stabbing was on the chest. Asked “Is it true the night you were bell? hot really to kill them so you stabbed Yowillo with a knife”; he replied. “Yes, because they came to kill us”.

The nature of the weapon confessedly used, a knife with an 18 cms. blade, 3 cms. wide, and with a handle 11 cms. - a murderous weapon, the force of the blow, the attempt at another, the victim having already been felled to the ground, taken with the admissions recorded; to my mind establish clearly, when construed in the circumstances of the pursuit by many men, some besides Yupe armed and some shouting “kilim, kilim”, that Yupe intended to murder and did murder Yowillo.

The circumstances revealed in evidence, establish convincingly to my mind that all those Raikos men who took up the fight in the compound and pursued thence to the accompaniment of shouts of “kilim, kilim” the fleeing Morobeans, had formed therein a common intention to prosecute an unlawful purpose, namely, grievously to assault and injure the Morobeans and a little later specifically the man they were chasing (Yowillo). In such a state of violence, anger, possession of weapons, shouts, pursuit, race hatred in the darkness of the night, the commission of murder or wilful murder was most clearly a probable consequence of the purpose that all the participants assumed. I am satisfied therefore that the other two who actually struck Yowillo must have attributed to them responsibility for the wilful murder committed by Yupe (s.8 of the Code).

And indeed the parts played by Muneme and Mokewe go beyond the abovementioned statutory liability. The parts actually played by them in rendering the victim helpless in the circumstances of violent chase and fell intent, followed by their presence quashing opposition, shielding, encouraging, facilitating the actual death blow, would I consider render each of them liable also as principals under s. 7(c) of the Code as abetting the commission of the offence. Compare Regina v. William Taupa Tovarula and OthersN116.html#_edn73" title="">[lxxiii]¹, the judgment of Minogue, C.J., and the subsequent judgments of Frost, S.P.J. as he then was and myself consecutively in The Queen v. Abia Tamule and 11 Ors.N116.html#_edn74" title="">[lxxiv]²; and The Queen v. Kanoa Les and 3 Ors.N116.html#_edn75" title="">[lxxv]³. Both Mokewe and Muneme, I am convinced, knew what was going on and what was likely to transpire in such a situation and by their mutual blows and subsequent presence furthered it, namely, the killing. (R. v. KupferbergN116.html#_edn76" title="">[lxxvi]⁴ and cases in Carter, 4thionition p.45; R. v. SolomonN116.html#_edn77" title="">[lxxvii]⁵). On this basis also therefore, I would convict Mokewe and Muneme.

All three accused are therefore convicted of wilful murder.

Solicitor for the State: K.B. Egan, Public Prosecutor

Counsel for the State: A.J. Alpine

Solicitor for the Accused: W.J. Andrew, Acting Public Solicitor

Counsel for the Accused: A.K. Amet

N116.html#_ednref73" title="">[lxxiii]^{(1973) P.N.G.L.R. 140}

N116.html#_ednref74" title="">[lxxiv]^{Unreported Judgment No.76No.769 Oct. 1973}

N116.html#_ednref75" title="">[lxxv]^{Unreported Judgment No.776 Nov. 1973}

N116.html#_ednref76" title="">[lxxvi]^{13 Cr. App.R.166}

N116.html#_ednref77" title="">[lxxvii] ^{(1959) Qd.R. 123}