Ian Molloy


Criminal and Family

Mary ToRobert v Henry ToRobert [2012] PGSC 31; SC1198
Appeal – family law - settlement of property by National Court – Matrimonial Causes Act, s 75 – matrimonial property – "settlement of property ... as the court thinks just and equitable in the circumstances".

Sharp v Sharp  (NC 21 December 2011)
Petition for decree of nullity – Marriage Act – Matrimonial Causes Act – bigamy – standard of proof – expert hand-writing evidence – hearsay evidence.

Mary ToRobert v Henry ToRobert (2011) PGSC 28
Practice and procedure – appeal to Supreme Court against decision of single Judge of Supreme Court to extend time to appeal against judgment of National Court – jurisdiction for an appeal – whether necessary to serve on opposing party an application for extension of time to appeal – exercise of discretion as to extension of time – Supreme Court Act, sections 10, 14, 17.

Acting Justice Royale Thompson v Sylvester Kalaut (2011) PGNC 31
Control of the criminal jurisdiction of an inferior court — permanent stay of criminal proceedings in the District Court – abuse of process of the court — prosecutor making out informations on facts known to him to be untrue.

Gary Juffa v Moe Hein (2010) N4267
Whether leave to discontinue proceeding should be given on terms – Order 8 Rules 61 and 63 National Court Rules – terms that plaintiff be restrained from commencing same of similar proceedings against defendant and pay defendant’s costs.

State v Leahy (2010) N4081
Ex officio indictment – whether good reason to order separate trial  - charge of conspiracy – interest of justice paramount - trial judge’s exercise of discretion – Criminal Code, s.265.

SCR No 1 of 2009; Application by Herman Joseph Leahy [2010] PGSC 26 SC1018
Criminal law – practice and procedure – whether an indictment presented under Criminal Code, Section 526 can be amended after being presented to the National Court – whether preconditions in Criminal Code, section 535 - review under Constitution, section 155(2)(b).

Bukoya v State  (NC 1 April 2010)
Criminal law – murder – death of illegal miner – security guard alleging he acted in self defence – reversal of onus of proof – whether medical report admitted without author – circumstantial evidence.

State v Leahy (2008) N3570
Ex officio indictment – amendment – whether amendable – power to amend indictment – time for amendment of indictment – amendment before arraignment of accused - general discretion of court to amend indictments – liberal interpretation of statute – Criminal Code, s. 535(1).

Bukoya v State [2007] PGSC 15 SC887
Criminal Code s589 - admission of depositions by consent - murder trial - prosecution witnesses not tested by cross examination -whether verdict safe -silence at the Police Station - whether adverse inference may be drawn - considerations for admitting depositions by consent.

Ronald Alexander Mckenzie v The State [1998] SC598
Criminal law – unlawful detention – citizen’s power to arrest and detain – whether detention unlawful – Criminal Code – Arrest Act – Search Act.

SF v State [1995] Unreported, Supreme Court
Appeal – conspiracy to export drugs – evidence – accomplice – corroboration – failure to direct on corroboration.

State v SF [1994] PNGLR 548
Conspiracy to export drugs - application for mistrial – pre-trial conference – Criminal Practice Rules – reading of deposition not threat to impartiality. Constitutional Law – right to trial within a reasonable time.

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McVie v Woodward [1990] PNGLR 305
Matrimonial causes – maintenance order– application for variation – onus of proof – change in circumstances – Matrimonial Causes Act (Ch No 282), s 76(1), (2).

Edward Ramu Diro v John Stanley Reeve [1988] PNGLR 155
Perjury – wilfully false statements to commission of inquiry – whether able to be prosecuted – whether “offence under this Act” – Criminal Code – Commissions of Inquiry Act.

Public Prosecutor v Utula Samana [1984] PNGLR 301
Summary offences – using insulting language whereby breach of peace likely to occur – real likelihood necessary – Summary Offences Act 1977, s.7(b).

Daisy Derbyshire v Graham Tongia [1984] PNGLR 148
Infants and children – custody – automatic citizens – law applicable – customary law and common law to be applied – Infants Act (Ch. No. 278) not applicable.

Phillip Wilcock v Simon Yamuna [1982] Unreported, Kidu CJ
Appeal – assault – self-represented defendant – rule in Browne v Dunne – objection to evidence – admissibility of evidence.

K and K v Director of Child Welfare [1981] PNGLR 333
Infants and children – adoption – evidence – appeal against refusal of order – fresh evidence in relation to interest and welfare of child –automatic citizen of Papua New Guinea – adopting parents white Australian – child to live in Australia.

Peter Townsend v George Oika [1981] PNGLR 12
Assault – evidence indicating assault of sexual nature – need for corroboration – what constitutes corroboration – “supportive evidence” – need to advert to rule requiring corroboration – need to record advertence to rule – Criminal Code, s.353.

H and H v Director of Child Welfare [1980] PNGLR 89
Infants and children – adoption – evidence – appeal against refusal of order – fresh evidence on appeal – strict application of rules of evidence to be waived where interests and welfare of child paramount consideration.

Jacob Hendrich Prai v An Officer of the Government of Papua New Guinea [1979] PNGLR 247
Immigration and aliens – prohibited immigrants – entry without permit – elements of offence – information to disclose one offence only and each element of offence – Migration Act – District Courts – practice and procedure Act.

Eiserman v Nanatsi [1978] PNGLR 457
Proof of offence – burden of proof – absence of formal proof of essential ingredient of offence – whether failure of proof can be cured by “admission” by accused – mere suspicion not sufficient – knowingly harbouring prohibited immigrants.

Kuijk v Kuijk [1977] PNGLR 253
Matrimonial causes – service of petition by post – acknowledgment of service not returned – letter addressed to court by respondent – power to deem service sufficient and to dispense with further service – Matrimonial Causes Act, 1963, s.100 - Constitution s.155(4).

Re the Bail Act 1977 ex parte Arthur Gilbert Smedley [1978] PNGLR 156
Application for permission to leave Papua New Guinea – applicant on bail – first application refused – second application to be allowed only if substantial change of circumstances – principles concerning applications by non-citizens considered – Bail Act 1977.

Cronan v Cronan [1978] PNGLR 207
Matrimonial causes – variation of orders – maintenance – principles to be applied – change of circumstances – change to be substantial – whether power to make retrospective order – onus of proof – effect of change in value of money – Matrimonial Causes Act 1964, s.81(2).

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