N11765

PAPUA NEW GUINEA
[NATIONAL COURT OF JUSTICE]

CR NO 1666 OF 2023, CR 1667 OF 2023 AND CR 1669 OF 2023

BETWEEN:
THE STATE

AND
BILLY JOHN RURUE of Kabaira,
Gazelle, East New Britain

AND
ENNEST ANZANAI of Usumbukor,
Middle Ramu, Madang

AND
MARKUS MOKOT of Labdin,
Madang, Madang Province

MADANG: WIMALASENA J
11 & 12 MARCH 2026

CRIMINAL LAW – Wilful Murder – Aggravating factors- Mitigating factors- Time spent in Custody - S299(1) of Criminal Code Act - Imprisonment without parole.

Cases cited

Manu Kovi v State (2005) SC789
Counsel
Mr. J Kasse, for the State
Mr C. Momoi, for the accused persons

 SENTENCE 

1.	WIMALASENA J:   You, Billy John Rurue, Ernest Anzanai, and Markus Mokot, you stand before this Court to be sentenced for wilful murder contrary to Section 299 of the Criminal Code Act for causing the death of David Gill.

2.	The sentence prescribed for wilful murder is life imprisonment without parole.

3.	You pleaded not guilty to the offence you are indicted for, and the trial commenced. The prosecution called two witnesses and closed its case.

4.	After the prosecution case was closed, you sought leave from the Court to change your plea. The Court allowed the change of plea and all three of you pleaded guilty to the offence of wilful murder contrary to Section 299. You pleaded guilty of your own free will and admitted the allegation. Upon being satisfied of the allegation and the evidence outlining the elements of the offence, and also upon being satisfied of your unequivocal plea, this Court convicted each one of you of wilful murder contrary to Section 299.

5.	You murdered David Gill on 29 April 2023 by attacking him with bush knives and iron rods. David Gill was with Willie Yaulon, (Prosecution witness 01) at his home when you stormed into their house and attacked him. It appears that you premeditated the murder, as you came with your faces painted with white lime and armed with weapons. You also obstructed Willie Yaulon from preventing the attack on the deceased. You continued the attack on the deceased with bush knives and iron rods despite him surrendering to you with his arms raised. He died from the injuries sustained during the attack. After causing his death, you fled the scene.

6.	You were arrested on 17 August 2023. The co-accused, Abraham Mokot, was charged with Murder contrary to Section 300, and he pleaded guilty. He was sentenced on 04 March 2025 to 17 years’ imprisonment. The punishment for Murder under Section 300 is imprisonment for life.

7.	I have considered the aggravating circumstances of the case. This is a premeditated murder. You came prepared to kill the deceased. You used weapons to commit the offence.

8.	As per the sentencing guidelines in Manu Kovi v State (2005) SC789, the circumstances of this case fall within Category 2 of the sentencing guidelines for Wilful Murder, which attract a sentence of 20–30 years imprisonment.

9.	Given the circumstances of the case, the aggravating factors, and the need for appropriate punishment for deterrence and to send a strong message to society to those who may be minded to indulge in similar crimes, I am of the view that imposing twenty-three (23) years imprisonment on each of you, without parole, is appropriate in all the circumstances. 

10.	I have also considered the mitigating circumstances. All of you are first offenders. You have shown remorse by seeking forgiveness from the Court, the deceased’s family, the Police, and the Correctional facility.

11.	Although you pleaded guilty, I cannot consider it as an early plea as you waited until the Prosecution closed its case. Therefore, you are not entitled to the full discount for an early plea.

12.	The Defence did not call for a pre-sentence report as there was no customary payment of compensation in respect of this offence.

13.	The State tendered the antecedent report with no previous records for each one of you.

14.	For showing remorse, for your previous clean records, your young age, and also having considered your personal circumstances and other mitigating factors, I decide to give you a discount of two years.

15.	You have spent two (2) years and ten (10) months in custody. That pre-sentence custody period should be reflected in your sentence as a period that you have already served. Therefore, I deduct that period from your sentences.

16.	Accordingly, each one of you shall serve eighteen (18) years and two (2) months imprisonment without parole.
You have 40 days to appeal.

Lawyer for the State: Public Prosecutor
Lawyer for the accused: Public Solicitor