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State v Levatoro [1997] PGNC 50; N1547 (24 April 1997)

Unreported National Court Decisions

N1547

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

CR NO. 385 OF 1997
THE STATE
v
CHRIS DANIEL LEVATORO

Waigani

Batari AJ
22 April 1997
24 April 1997

CRIMINAL LAW - Sentence - Attempt robbery of Motor Vehicle outside shop - Prisoner in accompany of others and armed.

CRIMINAL LAW - Sentence - Attempt robbery - Crime of violence or threat of violence - Aggravating factors - Mitigating factors - Plea of guilty - Part suspense of sentence appropriate.

The accused pleaded guilty to one count of attempted robbery. The following reasons were delivered on sentence.

Counsel:

L Maru with Ms Zurenuoc for the State

M Apie’e for the Accused

SENTENCE

24 April 1997

BATARI AJ: Chris Daniel Levatoro, you have pleaded guilty to one count of attempted robbery, contravening s.387(1), 2(a) & (b) of the Criminal Code, Chapter No.262. Having confirmed and convicted you upon that plea, I must now impose punishment on you.

Your offence was committed in this way. On 19 September, 1996 you and two others approached the victim, Kurt Sieger outside the TST Shop at Tokarara. As Mr Sieger and his companion tried to leave in their vehicle, one of you held a home-made pistol against his head and got off him, the key to the vehicle. One of your other friends at the same time pointed what resembled a pistol at by-standers. Before you could drive the vehicle away, off-duty police members at the scene intervened and fired warning shots causing you and your friends to abandon the vehicle and flee. You were caught and charged for the attempt robbery of Mr Sieger’s vehicle. That is the brief summary of what was a serious of offence for which you are liable to be imprisoned up to 14 years. Because the law says the sentence I impose must strike the balance between the offence and the public interest on the one hand and the individual offender on the other, the maximum penalty, I consider at the outset, is not applicable to your case.

Your lawyer has made useful submissions in mitigation on your behalf. Some of the matters he referred to include:

· your personal background;

· plea of guilty;

· co-operation with the police;

· remorse.

I accept and take these matters into consideration when I deliberate your sentence.

It is apparent that you participated actively in this failed robbery. A home-made pistol was found on you when you were apprehended. There was some indication that the pistol was loaded with live ammunition. The other “pistol” it appeared from the depositions was an imitation only. In your own admissions, you held the home-made pistol against the victim’s head. The consequence could have been most tragic if you had pulled the trigger and in that case, you would be facing life imprisonment or even the death penalty. I hope you have by now realised how close you came to committing the most serious crime of murder.

The offences of robbery and attempted robbery inherently conduced threats of violence and in some instances, actual violence. There is often some degree of planning present and are carried out with aggression and determination. Where two or more persons are involved, each one has a role to play one way or the other to facilitate success of the criminal enterprise. In the course of robberies or attempts, victims are overwhelmed by trauma, fear, anxiety and become most vulnerable. Sometimes lives of victims are devastated and the effect is long lasting particularly where serious bodily harm, death or substantial loss of property resulted. That is the brief synopsis of the facts and effect of your offence. Members of the community which this court represents must be protected. One way to do this is to deal sternly with the offenders. Strong punitive measures against attempt robbery is also called for because of its prevalence.

Your offence is aggravated by your being in accompany of others and being armed. In your favour you have pleaded guilty. I consider that your remorse as expressed in court is also supported by your plea of guilty. I am satisfied you are not likely to re-offend and that a full term of incarceration is not in the community interest.

The penalty I propose to impose should serve two principles of sentencing: (i) to serve as personal deterrence to you - the publicity which your conviction has attracted, the shame and humiliation which you have brought yourself and your parents will bring home to you at personal level that there is no benefit in trying to steal from others with violence or threats of violence; (ii) the sentence will serve as a warning to others who might be like-minded that their conduct would not escape punishment.

I have considered the sentences imposed in similar cases to yours as a guide. Generally, it is fair I think, to proceed on the basis that sentences in attempt robbery where the prisoner pleads guilty, range from 1 year to 8 years or more in the most serious cases where the victims are injured or killed. The appropriate sentence for your offence in all the circumstances is 3 years imprisonment IHL.

I order that:

(a) You be sentenced to 3 years imprisonment IHL.

(b) 2 months and 2 weeks of pre-trial custody period be deducted.

(c) 2 years be suspended upon your own recognisance to be on Good Behaviour Bond for 24 months.

(d) You are to serve 9 months and 2 weeks imprisonment IHL.

Lawyer for the State: P Mogish Public Prosecutor

Lawyer for the Accused: D Koeget A/Public Solicitor