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Conviction Indigenous spiritual authority or imitation Dramo village, Gumine, Simbu Province, Papua New Guinea · 2004

Irai Thomas: Supreme Court increased sentence for killing based on a sorcery accusation

Record class

Core record

Evidence status

Convicted

Authority role

leader within the attacking group, relative acting on a community sorcery accusation

Organization

No organization assigned

Spiritual nexus

The Supreme Court found that Thomas and relatives took an older woman to a village gathering after someone accused her of causing his father's death through sorcery. Thomas led the assault and killed her. The Court held that acting on belief in sorcery could not excuse the killing and should receive no special sentencing treatment beyond ordinary mitigation proved on the facts.

  • Curse or witchcraft threat
  • Threatened spiritual consequence

Evidence structure

Proceedings

  1. 2005-08-26 · guilty plea, wilful-murder conviction and sentence

    National Court of Papua New Guinea at Kundiawa. The National Court accepted Thomas's guilty plea to wilful murder and sentenced him to eighteen years in hard labour.

  2. 2007-08-28 · constitutional sentence review

    Supreme Court of Papua New Guinea, Thomas v State [2007] PGSC 26; SC867. The Supreme Court rejected Thomas's request for a reduction, found the National Court sentence too low and substituted twenty-two years in hard labour, less pretrial custody and time already served.

Appellate history

  1. Date in cited record · undefined

    undefined

Documented coercion mechanisms

  • sorcery accusation
  • collective blame for a death
  • group pressure
  • claimed supernatural causation

Primary record

Sources

supreme court judgment final conviction and sentence review Supreme Court of Papua New Guinea, Thomas v State [2007] PGSC 26; SC867 (Aug. 28, 2007). [archived copy]

The judgment records the guilty plea, village sorcery accusation, Thomas's leading role, the National Court sentence, the sentence review and the increase to twenty-two years. It also explains why courts should not treat sorcery belief as a special excuse for killing.

legal publisher judgment mirror access copy vLex / NiuMedia edited reproduction, Irai Thomas v The State (2007) SC867.

The legal publisher's reproduction provides a readable mirror of the Papua New Guinea Supreme Court judgment, docket, date, panel, facts and disposition while the PacLII host applies access controls.

Related record

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