Edwards v Edwards [2023] PGSC 96; SC245
Matrimonial causes – petition – objection to jurisdiction – domicile and deemed domicile – Matrimonial Causes Act, s 14(3) – whether waiver of objection to jurisdiction - whether ancillary relief available absent jurisdiction to grant principal relief – Matrimonial Causes Act, ss 1 and 14 – appeal upheld.
Edwards v Edwards [2023] (SC, unreported, 15 March 2023
Matrimonial causes – petition – objection to jurisdiction – domicile and deemed domicile – Matrimonial Causes Act, s 14(3) – application and cross-application for leave to appeal – concurrent proceedings in Australia – whether leave should be refused in light of Australian proceedings - Supreme Court Act and Rules – principles – leave granted.
State v Kingsley [2023] PGNC 37; N10131
Criminal law – practice and procedure – application to permanently stay or dismiss criminal proceedings – in excess of twenty years since alleged offences – abuse of process – improper purpose – unfairness – application refused.
Cragnolini v Constantinou [2021] PGNC 524; N9367
Probate – administration of deceased estate - application for legal personal representative to file and serve accounts and inventory of estate – administration not yet finalized – jurisdiction – Wills, Probate and Administration Act Chapter 291 s 59 – National Court Rules Order 19 Rules 72 and 73.
Kingston v Kingston [2020] PGSC 101; SC2021
Application for review - Constitution s 155(2) (b) – review against exercise of discretion by primary judge - petition for dissolution of marriage – application to amend petition to include ancillary relief, settlement of matrimonial property – application refused – exercise of discretion by the primary judge – whether insufficient weight was given to facts - domicile - location of business - properties - whether the primary judge erred in the exercise of his discretion when he found that the proceeding for property settlement had been appropriately commenced in another jurisdiction - Family Court of Australia.
Wartoto v State [2019] PGSC 55; SC1834
Criminal law – appeal against conviction for misappropriation, Criminal Code, s 383A(1)(a) – elements of offence – whether money paid by the State under a construction contract to a company owned and controlled by the accused had to be used for specific purpose – whether money remained property of the State until it was used for specific purpose – whether accused had dishonest intent – whether accused had honest claim of right.
Kingston v Kingston [2018] PGSC 73; SC1740
Application for leave to review - Constitution s 155(2) (b) - Supreme Court Rules 2012 Order 5 Rule 1.
Parker v Independent State of Papua New Guinea [2018] PGSC 27; SC1685
Criminal law - provocation - self-defence against provoked assault – Criminal Code ss 266, 267 & 270– error of trial judge – Supreme Court Act s 23, Constitution s 155(2) - conviction of manslaughter - reduction of sentence.
O'Neill v Eliakim [2017] PGSC 53; SC1654
Warrant for arrest – decision to issue – administrative decision capable of judicial review – information must demonstrate reasonable grounds to believe that an indictable offence has been committed and that proceeding by summons would not be effective – no such information – issue of warrant without legal jurisdiction – set aside as void – Arrest Act 1977 s 8, Arrest Regulation 1977 s8, Form 1.
State v Parker [2017] PGNC 158; N6803
Criminal law – charge of murder – defence of self-defence under Criminal Code s 269 – whether defence made out – defence not made out – no evidence to cause grievous bodily harm – conviction for manslaughter.
Maladina v Independent State of Papua New Guinea [2016] PGSC 11; SC1495
Appeal against conviction – conspiracy to defraud – misappropriation – Criminal Code ss 383A (1) (a) and 407 (1) (b) – elements constituting the offences charged - circumstantial evidence – credible evidence or mere conjecture and surmise - inferences to be drawn – whether guilt the only rational inference that could be drawn– whether other inferences consistent with innocence excluded – standard of proof – proof beyond reasonable doubt – prosecution carries the onus of proof – onus of proof being shifted to the accused - right of accused to remain silent – accused electing to remain silent - Constitution s 37 (4) (a) and (10) - no prima facie case established against the accused – trial judge making adverse findings against the accused – trial judge misdirecting himself on the law and misapplying principles of law – trial judge falling into error.
Koim v O'Neill [2016] PGNC 23; N6198
Contempt of court – practice & procedure – objection to competency – competency of motion – motion seeking order for contemnor to show cause why registrar should not be directed to commence proceedings for punishment for contempt – alleged breach of court order – order restraining discussion of proceedings in public – sub-judice – procedure to commence proceedings for contempt discussed – Order 14, rule 47(1)&(2).
State v Maladina [2015] PGNC 146; N6049
Criminal Law – dishonesty offence – sentence – conspiracy to defraud – misappropriation of superannuation funds - chairman of a superannuation fund – a high position of trust – restitution - total amount repaid – a deterrent sentence to be imposed.
Parker v Independent State of Papua New Guinea [2015] PGNC 74; N5984
Bail application – offence of wilful murder – applicant alleged to have assaulted the deceased who died after two days from serious head injuries – considerations under section 9 of the Bail Act – applicant has substantial personal and business interests.
Kavo v State [2015] PGSC 48; SC1450
Appeal against conviction for misappropriation, Criminal Code s 383A(1)(a) – elements of the offence – whether government funds were trust funds subject to conditions – whether appellant had dishonest intent – appeal upheld.
State v Go Kem San (Unnumbered, Salika DCJ, 20 May 2015)
Criminal – fraud – procuring execution of documents by false pretences – dishonestly applying property to his own use – sufficiency of evidence – not guilty verdicts.
Potape v State [2015] PGSC 84; SC1613
Appeal against conviction & sentence - conspiracy with intent to defraud - misappropriation - error on important points of law - material irregularities in the trial - conviction unsafe and unsatisfactory - appeal allowed - convictions quashed- Supreme Court Act s 23.
Potape v Independent State of Papua New Guinea [2015] PGSC 8; SC1341
Application for bail after conviction pending appeal.
Kavo v State [2014] PGSC 76; SC1571
Bail application pending appeal – appeal against conviction and sentence for misappropriation offence - exercise of discretion – exceptional circumstances – multiple grounds - performance of duties of public office held by applicant - prospect of success of appeal - delay in hearing and determination of appeal - principles – totality of factors to be considered – interest of justice to be considered - bail granted.
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.
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).