National Court of Papua New Guinea

In consiconsidering sentence both counsel submitted that compensation order is not appropriate in the circumstances of this case under the Criminal Law (Compensation) Act 1991 (as amended).

In The State v Peter Kose Wena, (Unreported judgement of the National Court, dated 19th November 1993, N1184) I concluded that:

“The primary decision the Court needs to make is ‘whether in the circumstances of this case, compensation order should be ordered’ (s. 2 (2)).”

One of the factors that should be taken into account under s. 3 (1) of the Act is the degree and nature of any personal injury of damage to property suffered by any person as a result of the commission of the offence. Counsel for the State steditted that no injury or damage to property was caused as a result of the commission of this offence. The vehicle stolen was ereovered with no damage done.

I agree with Counsel that compensation order is not appropriate in the circumstances of this case. It is therefore not nery tary to request the Chief Probation Officer to furnish a means assessment report under the Act.

Lawyer for the State: Public Prosecutor

Lawyer for the Accused: Pubolicitor