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National Court of Papua New Guinea |
Unreported National Court Decisions
PAPUA NEW GUINEA
[NATIONAL COURT OF JUSTICE]
THE STATE
V
HICKSY TERE, MESA POU, MORRIS HOEA & PALA TAU
Kerema
Batari AJ
15-16 May 1997
CRIMINAL LAW - Sentence - Robbery - Robbery of vehicle - Occupants - Young men with no priors - Mitigating factors - Aggravating factors - Plea of guilty.
CRIMINAL LAW - Sentence - 16 year olds - Effect of imprisonment - Crowded conditions of gaols - Imprisonment away from own province - Suspended Sentence appropriate.
Counsel
D Mark for the State
J Ulge for the Accuseds
Sentence
The following judgment was delivered on sentence on pleas of guilty to armed robbery by four youths.
16 May 1995
BATARI AJ:
The >The brief facts of your charge were that on 29 January, 1997 you seou set up ambush beside Karama Bridge aftenning to rob vehicles travelling along that stretch of Kerema/Malalaua road. Your intr intentio to stop stop the vehicle at the bridge and rob its occupants. nt & Transport Board (ard (PTB) vehicle driven by one Dennis Wangat approached the bridd slowed down in order to cross safely. The four of y of you held up the vehicle, armed with two home-made guns, bush knives and grass knives. You threatened Dennigat anat and took from him, his wallet containing Fifty-four Kina (K54.00). Sophia Pa passengerhe PTB PTB vehicvehicle had One Hundred and Forty Kina (K140.00) taken from him. The third peras stripped oped of his tro which you took together with Sixty Kina (K60.00). Two spades were aaken from from thom the PTB vehicle. You tried to stee PT Board vehicle but because it could not start, you smas smashed the windscreen instead. That is the ssummary of a of a seriase obery committed byed by armed young village youths.
Under s. 386 of the Criminal Code Code the crime of armed robbery carries lmprisonment. This penal servituves the the Court thet the premise to consider your offence as serious and one which calls for heavy punitive measures.
You were armed with imitations of firearm. When I examined the ome-mame-made guns in court, they could easily pass for genuine firearms. Whether the firearm wal oral or fake, loaded or unloaded is not relevant. ictim of aery is not to knto know this or expected to debatdebate the odds at the risk of putting his life in jeopardy. It is sient you c the vihe vihe victims alarm and fear into submission to give up their properties to y to you in this case. One of your vi was assaultsaulted and humiliated. ere all in this together aher and I must sentencetence you on that basis.
Robbery coed by young people is quite prevalent in Papua New Guinea. Members o public are are are fed up with young people like you, roaming the village, streets and settlements seemingly without anything better or useful to do, than prying on unsuspecting persons to from. I think most post people aill agree that those who commit offences of violence like murder, rape and robbery are dangerous to live among law abiding citizens and that such offenders should be put away in gaols for a long time.
It was submitted that your offence was precipitated by an experimental desire. I am not impressed by such absurdity. But if that was true, yvil evil and foolish desire has gotten you nowhere. You decidedreak the law ataw at the risk of being caught and puni you can now see, you are liable to be sent to prio prison for life. ly for you, you, no one wane was hurt and there is indicatime of the properties taken aken have been recovered, or else your case would have fallen into the worst category of robbery.
Fch of you, your lawyer has has made helpful submissions. In thn, he has urged me tome to consider your youth; that you are each aged 16 years old and without a prior conviction; that you co-operated with the police and have each pleaded guilty. I a all in addition to y to y to your open expression of remorse.
Individually, you have pleaded the welfare of your families oncutus. You have spoken invariab t of the difficulties your unfortunate families will will face if you are sent to gaol. I unded your sentiments.&#ts. But at ime of the offence,ence, none of you considered the welfare of his parents, brothers and si when you set out on your criminal venture.
I hope you will now realise crimes such such as robbery do not pay. It only causerow, misery aery and brings hardship to yourself and your loved ones.
I am troubled when I consider your sentence becauseour young ages. I am mindful ofresponsibilsibility I have in passing a sentence that that may have adverse impact on the future of a first young offender. If d each of you to long tong term gaol sentences, you might come out worse than when you first went in because of your young ages and because I consider that young offenders are easily susceptible to influence from hardened criminals in gaols where separate facilities are not provided. Thr-crowding of gaols that that is now a common problem throughout the country, including Bomana Gaol which also caters for remandees and prisoners from Kerema Courts, in my view poses jeopardouuation particularly for your young unsuspecting village offenders. I bear in mind also that, Bomana Gaol is outside your Province and this will deprive you the right to be imprisoned at a gaol near where your relatives are as the Constitution provides.urther, I do not think and there is no suggestion any of yoof you is dangerous to be allowed back into your community early.
On the other hand, I propose to impose a sentence that should not only be deterrent on others but that should also punish and bring home to each of you at personal level that your conduct is punishable by imprisonment.
I sentence each of you as follows:
Micky Tete: | 3 years imprisonment IHL. |
Mesa Pou: | 3 years imprisonment IHL. |
Morris Hoea: | 3 years imprisonment IHL. |
Pala Tau: | 3 years imprisonment IHL. |
I suspend 2 years conditional upon you entering into your own recognisance to be of good behaviour for a period of 2 years. The reng 12 months is to b to be served at Bomana Gaol, in hard labour.
Lawyer for the State: Public Prosecutor
Lawyer for the Accuseds: Public Solicitor
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URL: http://www.paclii.org/pg/cases/PGNC/1997/60.html