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State v Barns [1997] PGNC 24; N1526 (13 March 1997)

Unreported National Court Decisions

N1526

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

CR 965 OF 1996
THE STATE
v
PETER BARNS

Waigani

Passingan AJ
5 March 1997
13 March 1997

REASONS FOR SENTENCE

13 March 1997

PASSINGAN AJ: Your have pleaded guilty to one Count of Armed robbery (S. 386 Criminal Code) and one Count of unlawfully using a motor vehicle without the consent of the owner (S. 383).

FACTS

For the purposes of sentence the facts are as follows:

On the 14th day of march, 1996 at about 6.30 am, the victim drove her vehicle to the Hohola Shopping Centre. The Vehicle was a Mazda 929 Sedan, Registration No. BAL -190. She had gone there to buy some bread for the family. As she drove in she saw four Youths drinking liquor near the shop. She stopped and before she could get out of the vehicle two of the four youths ran towards her. One of them was tall and slim and he had light skin. The other was shorter and had dark skin. The tall person was armed with a shotgun. He demanded for the vehicle Key and money. The victim then gave him the key and K20.00.

The person was one of the four youths. They got into the vehicle and drove away. They were apprehended sometime later after a Police chase.

You have pleaded guilty to a serious crime. I have to consider the appropriate sentence to impose on you. In your favour I take the following factors into account:

(a) you are a young man aged 24 years;

(b) you have no prior convictions, that is a first offender;

(c) your plea of guilty to both Counts have saved alot of time and expenses of running a trial;

(d) you are remorseful; and

(e) that you have been in custody for a period of one year (since 14th March, 1996).

The sentencing guidelines are set out in the case of Gimble v The State [1988 - 89] PNGLR 271. This case comes under the third Category (Robbery of a store, a motor Vehicle etc.). A sentence of 5 years is suggested in a contested case. And that a lesser sentence should be imposed in an uncontested case.

The only aggravating factor in this case is that one of you was armed with a shotgun. However, there is no evidence that you were the person with the shotgun. Also there is no evidence that violence was used against the victim. Furthermore, apart from depriving the victim of her vehicle you men got away with only K20.00.

Taking into account all the relevant circumstances of your case I consider a sentence of 3 years imprisonment appropriate on Count one and 6 months imprisonment on Court two.

SENTENCE

Count 1: 3 years I.H.L

Count 2: 6 months I.H.L (Concurrent on Count 1)

Less: 1 year period in custody

ORDERS

I order that after you have served 12 months of your sentence you are to be released on condition that you keep peace and be of good for a period of 2 years.

Lawyers for the State: Public Prosecutor

Lawyer for the Accused: Public Solicitor