DC2094
PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE 
SITTING IN ITS CRIMINAL (SUMMARY) JURISDICTION]
    
Case reference no  3352 of 2016 
BETWEEN
RHONDA SIMON

AND
RJ

Boroko:   

:  25, 26, 27, July & 4 August
             

CRIMINAL LAW -Sentence-Stealing-Guilty Plea-Bag Snatching-Mitigating factors considered-First time offender-Properties Returned-acted alone-No injuries to the Complainant-Aggravating factors considered-Prevalence of offence-Summary Offences
 Act, s 4 8C (2) (a) and Juvenile Cours Act, ss 3 (2),30, 32, 28

Cases Cited
State V. Hohoa Hoksy Philip [1997] PNGDC 21 

References	
Juvenile Court Act 1991,
Magisterate's Manual (May 2001),
Summary Offences Act  

Counsel
Sgt M Rambusumbi, for the Informant
Defendant In Person, for the Defendant
4 August 2016
1.	L WAWUN-KUVI    : RJ pleaded guilty on 25 July 2016 to one count of stealing on the 20 July 2016 at Gerehu Stage two, National Capital District under section 48C (1) of the Summary Offences Act.  
2.	Pursuant to section 29 (1) of the Juvenile Courts Act 1991, a Pre-Sentence Report was ordered. The reason being that the Defendant does not know his exact date of birth  hence the Court pursuant to section 3 (2) of the Juvenile Court Act 1991 determined his age to be 18 or just under 18 and in fairness the appropriate provisions of the Juvenile Court Act are applicable in my view.
THE FACTS
3.	Allegations by the prosecution is that on the 20 July 2016 at about 12:40 pm, the prisoner was standing outside the Bisimila Supermarket at Gerehu Stage Two. As he was standing there, the complainant then walked by. Upon seeing the complainant, the prisoner then grabbed the complainant’s bag and ran off in the direction of the main Gerehu market. The bag contained money and other properties of the complainant. The prisoner was apprehended by Gerehu Police Officers and taken to the Gerehu Police Station.
SENTENCING ISSUE
4.	The issue for me to determine is what is the appropriate sentence for the prisoner?
ANTECENTS
5.	The prisoner is a young man about eighteen years old or just under eighteen years. He is from Kibung Village, Ibongu, Southern Highlands Province. He is single and lives with his aunty or cousin at Keasu Settlement at Gerehu Stage Two in the National Capital District. He is unemployed and left school last year after his mother passed away. He was at grade eight at the time his mother passed away in 2015. He has no prior convictions.
ALLOCUTUS
6.	When asked if he had anything to say in relation to the offence or to what the Prosecutor submitted, the prisoner said he did not have nothing to say.
SUBMISSION BY PROSECUTOR
7.	The Prosecutor submitted that the Prisoner is a first time offender and a young man. She submitted that the offence of bag snatching from innocent women and mothers is now prevalent in the city. That such actions make women feel unsafe to walk freely. 
8.	However, she further submitted that the Court should be lenient considering the offenders circumstances where his mother died and that he is no longer able to complete his education. 
9.	The Prosecutor left it to the Court to determine the appropriate sentence. 
THE OFFENCE
10.	The offence which you have been charged with is provided under section 48 C (1) of the Summary Offences Act and is in the following terms:
‘48C. STEALING.
(1) A person who steals or attempts to steal anything, capable of being stolen, of a value not exceeding K500.00, is guilty of an offence under this Act.
Penalty: A fine not exceeding K400.00 or imprisonment for a term not exceeding 12 months.’
SENTENCING TREND
11.	 I am unable find any written cases to assist in regard to the range of sentences for this type of offences involving young offenders such as yourself. It does not mean that there are no such cases similar to yours, rather it simply means that there are little or no written judgements.
AN APPROPRIATE SENTENCE
12.	To arrive at an appropriate sentence I have to first consider the factors that are in your favour and those against you. There are the mitigating factors and the aggravating factors. 
13.	In your favour, I find the following:
13.1.	Your admission to the police
1.1.	Your early plea of guilty
1.2.	You are a young man and a first time offender
1.3.	The complainant was not harmed
1.4.	The bag and its contents were returned to the complainant
1.5.	You acted alone
1.6.	No weapon was used.
2.	Against you I find the following aggravating factor :
2.1.	The prevalence of the offence.
3.	Having determined what the aggravating features and the mitigating features in your case are I now proceed to identifying a starting point to calculate a provisional sentence. 
4.	The penalty for the offence of stealing range between a fine of one kina up to four hundred kina or imprisonment for a term of one month up to twelve months.
5.	The maximum penalty is a fine of four hundred kina or imprisonment of twelve months. However, it is trite law that the maximum penalty is reserved for the worst category of cases and further that each case should be treated on their own peculiar circumstance.
6.	This case is not the worst case and does not warrant the maximum penalty.
7.	However a sentence in this case must reflect society’s condemnation of such behaviour that threaten the freedom of liberty of especially women who become vulnerable victims of such offenders as you. Who pick on them as easy preys as they go about their daily business. Women now feel that they cannot walk alone in streets and public places because they are in fear of being robbed and having their properties stolen.
8.	As you are a young man and a first time offender I am minded to impose a non -custodial sentence and I do so. Considering the Pre-Sentence report regarding your background, imposing a fine on you will serve no purpose as you are living with relatives in the settlement and have no employment and no means to generate any income. 
9.	However, as you are 18 or just under 18, I consider that a sentence that will serve as a deterrent to you as well as an encouragement to you not to stray down the path of committing far more serious offences is necessitated. I do not think you going to prison will serve that purpose.
10.	As stated in the case of The State v. Hohoa Hoksy Philip[1997]PNGDC 21, when considering sentence on a young first time offender “If the prisoner is given custodial sentence it will not help to rehabilitate the prisoner  but hardened the prisoner the Court also taken into consideration the prisoner is the first offender with no previous conviction his remorseful he is willing to repay the money in full.”
11.	In your case the mitigating factors outweigh the aggravating factors. I sentence you to a term of six months imprisonment. That sentence is wholly suspended.
12.	Pursuant to section 30 (2) (iii) Juvenile Courts Act 1991, the Court orders that you be placed on Probation under the supervision of the Community Based Corrections with the Department of Justice and Attorney General for six months.
14.	During the period of the Probation pursuant to section 32 (1) and (2) of the Juvenile Court Act 1991, the following are the conditions of your employment:
15.	You will remain the care of your cousin sister Maglina Kepsi;
12.1.	You are restrained from being in the vicinity of the Gerehu Stage two Shopping area and market place unless you have a legitimate reason for being there.
12.2.	You retrained from being the Company of known criminals and their associates and from gangs or any person with criminal affiliation.
12.3.	You will perform the following community service (free unpaid work) in the following terms:
12.3.1.	You will clean around the Gerehu recreational area in particular the road side buai market area for one hour from 10:00 am to 11:00 am each day from Monday to Friday for two weeks.
12.3.2.	You will start the community service commencing Monday, 9 August 2016 and ending Friday, 19 August 2016.
12.4.	The VPO will provide a report to this Court by Monday, 21 August 2016. You will attend Court with your guardian and the VPO for the discharge of your work orders.
13.	The matter is returnable on Thursday, 19 January 2017 for review of the Probation Orders.
Lawyer for the Informant Sgt M. Rambusumbi, Police Prosecutions 
 Defendant in Person