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State v Bobby [2024] PGNC 246; N10913 (18 July 2024)

N10913

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR No. 1467 OF 2023

THE STATE

V

PAUL UNAP BOBBY

Minj: Miviri J
2024: 15^th & 18^th July

CRIMINAL LAW – PRACTICE AND PROCEDURE – Wilful Murder S 299 CCA – Trial – death – intent to kill – Deceased Stabbed with Knife In Store In Broad Daylight – Identification – Face Seen At Very Close Quarters – Denial – Good Identification – Good Lighting – Prior Association and Acquaintance – Identification Beyond Reasonable Doubt – Guilty of Wilful Murder – Intent to Kill Overt – Killing – Guilty of Wilful Murder – Remanded for Sentence.

Facts
Accused went into Shop where Deceased was and stabbed him in the chest with a knife intending to kill him. He died as a result.

Held
Intention to kill.
Identification good
Lighting condition good
Prior Association Acquaintance
Close quarters
Identification beyond all reasonable doubt.
Guilty of Wilful Murder
Intent to Kill Overt
Killing

Cases Cited:
Beng v The State [1977] PNGLR 115
Kuanande, The State v [1994] PNGLR 512

Counsel:
F. Popeu, for the State
D. Pepson for the Defendant

VERDICT

18^th July 2024

1. MIVIRI J: This is the verdict after trial of Paul Unap Bobby of Dimil Minj, Jiwaka who wilfully murdered Jack Juu.
   
2. The material facts are that on the 21^st September 2022 here in Minj Jack Juu was inside the Shop Ray Hills Trading talking with another person. The Accused came from the back approached the deceased took out a knife and stabbed him on his chest and then swung again and stabbed him a second time on his upper left arm. He then ran away out of the shop into the crowd outside whilst the deceased was desperately rushed to the Kudjip Hospital but was pronounced dead shortly after arrival. He had intended to kill the deceased and killed him.
   
3. The Charge was pursuant to section 299 (1) of the Criminal Code Act which is prescribed in this way: -
   
   • (1) Subject to the succeeding provisions of this Code, a person who unlawfully kills another person intending to cause his death or that of some other person is guilty of wilful murder.
     
   • (2) A person who commits wilful murder shall be sentenced to life imprisonment and is eligible for parole after 30 years.”.
4. Accused denied the allegation on the Indictment and so the state proceeded to call two witnesses. The first was one Alpha Johnny 31 years old a community schoolteacher he was on holidays. On the 21^st September 2022, he had gone into the Ray Hills trade store to unlock the phone of the deceased’s wife. Inside he met the deceased, and both were telling stories when the accused came from their back and raised the knife to stab the deceased. Upon seeing I said, “hey knife come ya.” But it was late he had stabbed him in the chest. Blood sprouted out and I got blood also on my body. Then he removed it and again stabbed him in the upper left arm. He had a wool cap drawn over his head, but the face was exposed. He explained that it was a traumatic experience which he would not forget the face of the accused. And identified him in Court as the person he saw on that day. He admitted that he did not know him by name. And it was the first time to see him. It was put to him that what happened was within a very short period of time, so he could not identify the person. He maintained that it was a traumatic experience that he would not forget the face of the accused.
   
5. The next witness on oath was Ruth Thomas wife of the deceased from Kondika tribe Minj Jiwaka Province. On the 21^st September 2022, she was in the store employed as a shop keeper and at the relevant time was serving a customer only to turn and see the accused who she knew as a martial art instructor who used to come around to their area to teach the boys there. That is where she saw him and he is a carpenter. She too recognized him as the man she saw that morning in the shop about 3 meters away from the Counter where she was. He had a wool cap on his head. The face was not covered, and it was very close. Her husband the deceased was talking to the first witness Alpha Johnny and not aware of the accused. She saw him stabbed the deceased twice. I saw blood when he pulled the knife out. One on the chest and the second on the upper left arm. And as he turned, she saw him stab the deceased. He is Paul Unap Bobby from the neighbouring tribe, and he is in court now.
   
6. Defence cross examination was that it was too short a time to make a positive identification by both witnesses. He was not known to them by name. it was the first time that they saw him. And it was a traumatic experience no doubt they were shocked and did not properly recognize him. One had his statement tendered D1 statement of Alpha Johnny. But that statement made it out that he did not call him by name but recognized his face not the name. The wife of the deceased maintained that she knew the accused prior to the 21^st September 2022.
   
7. I am satisfied that both witnesses have told the truth in accordance with Beng v The State [1977] PNGLR 115. Which principles canvas logic and common sense. Here yes it was traumatic for Alpha Johnny and that made the face depicted out clear in his memory. It was hard to forget him because he saw him up close. And he stabbed the deceased. His face was almost touching the witness’s as he leaned to stab him from the back. There was two stab delivered and it was ample time to see the accused. There was no concealment of the face. The lighting was alright. His identification was not made in the accused in a crowd, but he was alone face to face with the deceased and the witness who were together. It is in my view good identification. I determine that to be the same in the case of Ruth Thomas she was at the same place as Apha Johnny and the deceased and saw the accused. She knew him prior because he would come to their place village to train the young boys in martial arts. And he was a carpenter.
   
8. I do not doubt the veracity of the evidence given by the two witnesses. Accused has tried to paint that he was there but across the street from where this happened. And there was a commotion that draw people who were running back and forth there. I do not find his evidence worthy of believe. There is no motive for the witnesses to make up this story against him. And the opportunities to see him are sound because the identification is made at very close quarters. In fact, for Alph Johnny their bodies are also touching. He feared that he could be stabbed also because he was with the deceased. And he ran out to pick up a stone to attack the deceased who followed him out after stabbing and then ran into the crowd. It was just after midday. The identification does not meet any difficulties. Common Sense and logic allow that it was not a mistake given that proximity and that Ruth Thomas knew him prior to the 21^st September 2022.
   
9. The aggregate is that I find that the State has established the identity of the Accused beyond all reasonable doubt as the person who stabbed the deceased Jack Juu on the 21^{st of} September 2022. And that at the time he stabbed him he intended to kill him and did cause his death. Relevantly intent is personal unto the accused, and maybe deduced from the totality of the evidence: Kuanande, The State v [1994] PNGLR 512. I infer that he intended to kill him as the injuries are on his chest with the lung underlying set out by the medical report of Doctor Moses Aiwa of the of the Simbu Provincial Health Authority dated the 25^th October 2022 pertaining to the deceased Jack Juu set this out very well. He died from bleeding into the left lung. That is a vital organ of the human body when a knife as here was used to stab where Jack Juu was not defending himself but was taken by surprise to the rein of the accused. He was calculated with the US type knife. Having seen the sketch by the witness sharp blade with a jugged back it is a dangerous weapon. In the way it was used there was clear intent to kill. And the deceased succumbed as a result. The photograph of the wound on the chest of the deceased clearly depicts in my view an intent to kill him by the Accused.
   
10. I am satisfied beyond all reasonable doubt that he is guilty of wilful murder as indicted of Jack Juu. I return a guilty verdict on the indictment dated the 15^th July 2024 against Paul Unap Bobby of Dimil Minj, Jiwaka Province
    

Orders Accordingly,
__________________________________________________________________
Office of the Public Prosecutor : Lawyer for the State
Office of the Public Solicitor : Lawyer for the Defendant