State v Kapris [2011] PGNC 51; N4305 (19 May 2011)

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CR NOS 251 OF 2010 &
1455, 1457, 1444, 1447, 235 & 287,
78 & 79, 1431, 76 & 77, 239, 237 & 235 OF 2009

CRIMINAL LAW – sentencing – armed robbery (Criminal Code, Section 386) – conspiracy (Section 515) – kidnapping for ransom (Section 354(1)) – unlawful deprivation of liberty (Section 355(a)) – receiving stolen property (Section 410(1))

Twelve offenders were convicted after trial of armed robbery of a bank and conspiracy. Some were also convicted of other offences (kidnapping for ransom, unlawful deprivation of liberty, receiving stolen property) committed in connection with the robbery. This is the judgment on sentence.

No	Name	Total head sentence	Pre-sentence period deducted	Resultant length of sentence to be served	Amount of sentence suspended	Time to be served in custody	Place of custody (CI)
1	William Nanua Kapris	30 years	Nil	30 years	Nil	30 years	Bomana
2	Jacob Peningi Okimbari	15 years	1 year	14 years	3 years	11 years	Beon
3	Collin Masilo	10 years	1 year, 2 months	8 years, 10 months	3 years	5 years, 10 months	Beon
4	Johnny Gumaira	12 years	2 years, 9 m, 1 w	9 years, 2 m, 3 w	3 years	6 years, 2 m, 3 w	Bomana
5	Damien Inanei	10 years	2 years, 10 m, 2 w	7 years, 1 m, 2 w	4 years	3 years, 1 m, 2 w	Beon
6	Kito Aso	12 years	2 years, 9 months	9 years, 3 months	Nil	9 years, 3 months	Lakiemata
7	Joyce Maima	10 years	2 years, 8 months	7 years, 4 months	4 years	3 years, 4 months	Beon
8	Bobby Selan	10 years	2 years, 7 m, 2 w	7 years, 4 m, 2 w	3 years	4 years, 4 m, 2 w	Beon
9	Reuben Micah	12 years	2 years, 10 m, 1 w	9 years, 1 m, 3 w	4 years	5 years, 1 m, 3 w	Beon
10	Isabella Kivare	8 years	2 years, 10 months	5 years, 2 months	4 years	1 year, 2 months	Bomana
11	Elvis Bala Aka	8 years	2 years, 10 months	5 years, 2 months	4 years	1 year, 2 months	Lakiemata
12	Peter Allan Popo	12 years	2 years, 10 m, 2 w	9 years, 1 m, 2 w	3 years	6 years, 1 m, 2 w	Beon

Acting Public Prosecutor v Konis Haha [1981] PNGLR 205
Application by Kutetoa (2005) N2819
Dadly Henry Gorop v The State (2003) SC732
Emil Kongian v The State (2007) SC928
Gimble v The State [1988-1989] PNGLR 271
Goli Golu v The State [1979] PNGLR 653
Paul Mase and Kopa Lore John v The State [1991] PNGLR 88
Phillip Kassman v The State (2004) SC759
Public Prosecutor v Don Hale (1998) SC56
Public Prosecutor v Kerua [1985] PNGLR 85
Public Prosecutor v Terrence Kaveku [1977] PNGLR 110
Richard Liri v The State (2007) SC883
Saperus Yalibakut v The State (2006) SC890
Tau Jim Anis v The State (2000) SC642
The State v A Juvenile "ET" CR No 1012/ 2003, 09.04.05
The State v A Juvenile, "TAA" (2006) N3017
The State v Aaron Lahu (2005) N2798
The State v Alphonse Polpolio and Jeffery Baru CR No 865 + 701/2006, 14.07.06
The State v Chris Baili CR No 1396/2006, 17.08.07
The State v David Bandi CR No 729/2003, 20.04.05
The State v Dickson Kauboi CR No 495/2001, 07.06.06
The State v Francis Vau Kamo CR 663-664/1998, 06.04.06
The State v Iori Veraga (2005) N2921
The State v Jacky Vutnamur & Kaki Kialo (No 3) (2005) N2919
The State v James Negol (2005) N2801
The State v Jelio Yawi (2009) N3631
The State v Justin Komboli (2005) N2891
The State v Kia Tala Moksy CR 785/2005, 12.08.05
The State v Lucas Soroken Sembengo, Bob Alois Wafu & Raphael Lawrence Mandal (2006) 2801
The State v Mogi Konda CR No 1316/2005, 19.04.05
The State v Owen Gabriel Koud CR No 312/2010, 20.05.10
The State v Two Juveniles, "MK" & "PSA" CR No 372/2005, 25.08.05
The State v William Nanua Kapris & 13 Others (2011) N4232

2IC – second-in-charge
BSP – Bank South Pacific
CI – Correctional Institution
CR – Criminal file reference
DCA – Department of Civil Aviation
EHP – Eastern Highlands Province
ESP – East Sepik Province
HS – High School
Is – Island
K – Kina
LLG – Local-level Government
LPV – Limited Preferential Voting
m – month(s)
MRO – Mineral Refining Operations
N – National Court judgment
No – number
para – paragraph
PMV – public motor vehicle
PNG – Papua New Guinea
PNGLR – Papua New Guinea Law Reports
s – Section
SC – Supreme Court judgment
SDA – Seventh-Day Adventist
Sgt – Sergeant
SP – South Pacific
St – Saint
v – versus
w – week(s)
WNB – West New Britain

This was a judgment on sentence for 12 offenders convicted of armed robbery and conspiracy and variously of kidnapping, unlawful deprivation of liberty and receiving stolen property.

P Kaluwin & M Pil, for the State
A Meten & A Turi, for the 1st offender
M Mwawesi, for the 2nd, 6th, 10th & 11th offenders
A E Raymond, for the 3rd, 4th, 5th & 12th offenders
S L Daniels, for the 7th, 8th & 9th offenders

1. CANNINGS J: Twelve offenders are before the court to be sentenced for their involvement in an armed robbery that occurred on the morning of Saturday 5 July 2008 at the Madang branch of Bank South Pacific. Approximately K2.4 million cash was stolen. After a joint trial they were each convicted of armed robbery and conspiracy. Some were also convicted of other offences (kidnapping for ransom, unlawful deprivation of liberty and/or receiving stolen property) committed in connection with the robbery. Details of the circumstances in which the offences were committed are in the judgment on verdict (The State v William Nanua Kapris & 13 Others (2011) N4232).

2. Though jointly tried and subject to a joint sentencing hearing, each offender must be individually sentenced in a way that takes account of the particular offences of which he or she has been convicted and his or her level of involvement in the crimes and individual circumstances. The following process will be followed in relation to each offender:

3. After going through that process for each offender the court will make a sentencing order in the form of a table set out as follows:

4. The table will give the following information in accordance with the Criminal Justice (Sentences) Act:

7. There are some other offences of which he has been convicted, including an armed robbery, known as the 'MRO' robbery, committed in Port Moresby in 2007, for which he was sentenced in 2010. However, the State does not rely on them as prior convictions as he was convicted and sentenced after commission of the offences (in July 2008) for which he is now being sentenced.

8. The offender made a lengthy statement in allocutus. He said that he comes from the Yangoru area of East Sepik Province and he was raised in West New Britain, at Buvussi and Gigo. His father, Nanua, had two wives and he is from the second wife. He has 12 brothers and sisters. Gigo is a suburb in the provincial capital, Kimbe. It is home to many troublemakers and he got caught up in criminal activity at a young age. He was involved in a robbery of a hotel in Kimbe in 1992, which led to him being a juvenile remandee at Lakiemata Jail in the mid-1990s. There was no juvenile compound in those days. Life was hard in the jail. He escaped in 1996 and was shot while he was on the run. Put back in custody in 1997, he was convicted of rape and then of attempted murder and given lengthy prison terms for each offence. He was given crushing sentences while he was still a juvenile and he ended up escaping again. He was charged over the murder of a policeman at Gigo in 2001, transferred to Bomana and then sent back to Lakiemata, from where he escaped again in 2002. He went back to the village in Yangoru but was persuaded by his relatives to surrender and then he ended up in 2004 back at Bomana. He became a trusted prisoner. He was reclassified as low risk and was actively involved in community justice training programs. Newspaper clippings dated March 2005 support his contention that at that time he was making bold steps in turning his life around. He pined for his relatives in West New Britain, however, and pleaded with the jail authorities at Bomana to send him back to Lakiemata. They kept telling him he was a State prisoner and he had to wait until the Government decided he could be transferred. So he escaped again. He found his way to Gerehu Stage 6 and fell into bad company. He married a woman with criminal connections and she introduced him to some big-name criminals and politicians and an Asian businessman involved in organised crime. Early in 2007 the MRO robbery was planned and executed successfully with the assistance of a number of police officers. He moved to Lae for a few months, then came back to Port Moresby and flew to Singapore for a few weeks. Towards the end of 2007 he was re-apprehended and put back in Bomana but it was not long before he escaped again, this time when he was taken to hospital for medical treatment. He was still in contact with the politicians and the Asian businessman, who financed his travel to Kimbe in mid-2008.

9. He was not there long before he got the instructions to carry out the BSP robbery in Madang. He was told to find his way to Lae and then head to Madang. K20,000.00 was sent to an account at BSP Kimbe to finance the operation. He used K3,000.00 to pay the 12th offender, Elvis Bala Aka, a boat operator, to get him and a few of his Gigo boys, including the 6th offender, Kito Aso, to Lae. They are both innocent, he said. They did not know what was going on. All his co-offenders are innocent. They are simple people who are not capable of planning or committing the sort of crimes he was involved in. Some of them are his relatives, but they were only implicated through their association with him. Many of them he only met when he was transferred to Beon Jail, Madang, for the trial in August 2010. It was the big people in Port Moresby who were involved in this robbery.

10. He gave a detailed account of their travel to Lae, where he stayed and what he did in Lae, when he travelled to Madang, how the bank manager and his family and the other bank officers were kidnapped and kept hostage at Malolo Lodge and how the robbery was effected. He said that the hostages were well looked after. There were no threats and no violence. He explained how and when he went back to Lae after the robbery and what happened there. He was instructed to take K1.2 million on the boat skippered by Elvis that went around the coast to Central Province. He named several people, some of them State witnesses, who were involved in the robbery but have not been charged. He could not have committed the robbery without their involvement. They received money and now they have their freedom too. He relied on certain policemen to get him police uniforms and they also told him when Madang would be clear of police.

11. I am not going to name those people in this judgment as the statements of the offender are mere allegations, not made in evidence, and they are untested and unsubstantiated.

12. He was shot four times in his legs by the police on 17 July 2008 even though he surrendered. They were frustrated because they could not get the large amount of cash that they thought would be on him. He was kept in a dark cell at Boroko Police Station for days on end, stripped naked, and denied medical treatment for his gunshot wounds even though he had maggots crawling out of them. After a week they took him to Bomana but conditions were very poor there. He was denied his human rights for over two years (before he was brought to Beon). He was kept in a dark cell and this brought on a bad mentality. He is still suffering from that time. It is like a double punishment.

13. As for the K1.2 million he took from Lae to Port Moresby, he left this money at his girlfriend's house in Boroko and most of it went missing. He believes that the police g. Only a sy a small fraction of it was handed back to BSP. So even though he stole a lot of money he did not get to benefit fromOthers did.

14. The Government has spent a lot of money on his case but the true truth has yet to be told. The People of PNG should know the truth and that is why he is now telling it. 'I would be very happy to be a State witness if there is an investigation into who was really behind the robbery', he said.

15. He apologised to the court and to the country and to ordinary citizens for what he did. It is a big case and it does not help the law and order problem to have this sort of major organised crime committed. It has a bad effect on the economy and the investment climate. He apologised for causing the Government to spend so much money on the case. He said sorry to Bank South Pacific and for causing fear to the bank staff. He apologised to the Police and the Correctional Service, to the court and to the staff of the court.

16. He stressed that since he has been at Beon he has cooperated with the jail management and not caused any problems:

I have a bad reputation for major incidents throughout the country, but I am a human being too, I can change and become a good citizen of this nation. I am being honest. I really want to change. I am married with two wives and six children. I have a 12-year-old boy and I am worried that he is heading for a bad life, like mine, if I don't get near him. I have responsibilities as a father that I owe all my children and therefore I ask for the mercy of the court.

As a changed person I do not wish to be selfish, arrogant and a criminal for the rest of my days. I want to openly come out to the general public and tell them that what I have been doing is ultimately not the only way to make ends meet and one true way is to be constructive, rational and seek guidance through the almighty God ...

I want to assure my fellow inmates and others like me out there that crime does not pay but only leads to destruction and injustice.

I would appreciate if this honourable Court would be in favour of my vision and assist me to put my vision into effect by talking to my peers, motivating them, influencing them and guiding them to influence the future generation to understand and abide by the law and to think positive and be rational today for a better tomorrow.

19. He pleaded to be transferred to Lakiemata and not sent back to Bomana, which is a bad place. It has got a bad network. Riots and escapes could happen. He could easily die there.

20. He asked the court to take into account that he had pleaded guilty at the start of the trial to the armed robbery and conspiracy charges. It was only late in the trial that he changed his plea and this was because of the way that the State wanted to present the evidence. He was recently given a reasonable, suspended sentence for the MRO robbery and this has given him hope and belief, even though there are big men playing around with the justice system. He will respect whatever sentence the court gives him. Whatever happens, he will not be the same old William Nanua Kapris. He asked for mercy, a good behaviour bond and that all his sentences be made concurrent.

Age : 33
Origin : Karapia, Yangoru district, ESP
Upbringing : WNB: Buvussi and Gigo (Kimbe)
Marital status : Married, two wives
Dependants : 6 children, 5 girls, 1 boy
Family : Parents alive, both from ESP, 12 siblings
Education : Grade 8, Kimbe Secondary School
Employment : Nil
Occupation : Unemployed
Health : Sound except for problems walking, bullet wounds
Religion : Originally Catholic, now Seventh-Day Adventist

21. William Nanua Kapris has a strong family support network. A written statement by one of his wives, Margaret Kapris, who lives in Kimbe with their children, attests to the difficult situation they are in. She pleads with the court to send her husband to Lakiemata Jail in the event that he has to serve a further prison term. Expressing similar sentiments are his parents, Pinda Kapis and Esther Kapis, who also live in Kimbe. They feel that their son has landed himself in trouble due to a lack of parental guidance. They are aging and they need to be able to see their son. Their position is supported in written statements by Mr Joe Tanalau of the St Peter and Paul Catholic Diocese of Kimbe and Mr Peni Apolos, Ward 2 Councillor, Kimbe Urban LLG. The court has been urged by the Family & Sexual Violence Committee of Madang, in a letter dated 29 April 2011, to consider the rights of William's children. A character report by Chief Inspector Tita Wada, Acting Commanding Officer, Beon Jail, states that in the time William has spent there he has been cooperative and humble. He interacts well with other detainees and warders and actively participates in daily fellowship. Medical reports by Dr Jerzy Kuzma and Dr Vincent Atua of Modilon General Hospital show that he has a degree of pain and reduced mobility due to various bullet wounds, one of which resulted in the loss of the big toe on his right foot.

22. Under the Criminal Code, Sections 386(1), (2), (a) and (b), the maximum penalty is life imprisonment. However, I have discretion to impose less than the maximum term and suspend part or the entire sentence under Section 19 of the Criminal Code.

23. The Supreme Court has given sentencing guidelines in a number of leading cases: Gimble v The State [1988-1989] PNGLR 271; Public Prosecutor v Don Hale (1998) SC56; Tau Jim Anis v The State (2000) SC642; and Phillip Kassman v The State (2004) SC759. Nowadays the starting points are:

24. To allocate a sentence I will focus on the starting point of nine years and assess the mitigating and aggravating factors. The more mitigating factors there are, the more likely the head sentence will be below the starting point. The more aggravating factors present, the more likely the head sentence will be above the starting point. It is not, however, only the number of mitigating and aggravating factors that determines the head sentence. The strength or weight to be attached to each of those factors is more important.

25. Mrs Meten, for the offender, submitted that the following mitigating factors be considered:

26. I accept the fact that no one was physically harmed is a mitigating factor. However, the weight to be attached to it is reduced by the fact that the bank staff were threatened at gunpoint and forced to endure a frightening experience, the emotional scars of which could well be with them for the rest of their lives.

27. It is not correct to say that most of the proceeds of the robbery have been recovered by police. On the evidence at the trial only K430,655.00 of the approximately K2.4 million stolen has been recovered (see para 17 of the judgment on verdict).

28. The offender's claim in allocutus that about K1 million was siphoned off by the police in the raid on his girlfriend's house in Boroko is not evidence. It is an untested and rather wild allegation. He also said in allocutus that he was instructed to take K1.2 million cash in the boat from Lae to Port Moresby. If that was so, what happened to the other K1.2 million? The fate of most of the proceeds of the crime remains a mystery and I can find nothing there that amounts to a mitigating factor.

29. The question of what happened when the offender was apprehended by police on the Magi Highway, Central Province, in the early hours of 17 July 2008 was the subject of evidence at the trial. Sgt Terry Apolos agreed that he fired four shots in the direction of the offender and explained why he did so. He was cross-examined and the court made no finding that the offender's human rights were breached. It is fairly clear that the permanent disfigurement and disability he now suffers are due to the wounds he received on arrest. However, it has not been proven that the police did anything wrong or that his human rights were breached.

30. The court does not have sufficient evidence before it to make a finding about how he was treated by the Police and the Correctional Service in the two year period before he was brought to Madang for the trial. If he had stuck to his original plea of guilty to armed robbery and been convicted on that basis then the sort of claims he has made in allocutus about breach of his human rights could have been accepted at face value. An offender who pleads guilty is given the benefit of the doubt on mitigating matters raised in allocutus or in submissions that are not contested by the prosecution (Saperus Yalibakut v The State (2006) SC890). However, he changed his plea, and he gave no evidence in support of these claims. They are untested, so they cannot be regarded as mitigating matters.

31. The change in plea, which occurred with the leave of the court (after it was opposed by the State) was a deliberate decision of the offender, made with the benefit of legal advice. It put the State at a disadvantage and I fail to see how a convicted person can rely on his preparedness to plead guilty for the bulk of the trial, in these circumstances, as a mitigating factor. An offender who changes his plea must take personal responsibility for his decision and be prepared to accept the consequences.

32. The same must be said about the offender's claims, made in allocutus, that he committed the robbery under instructions and with the support of others. Big men – politicians, a businessman, police – were calling the shots. He could not have done it and would not have done it without them. I think the response of many level-headed Papua New Guineans to that would be 'Who is he trying to kid?' It is something that sounds – in the absence of evidence – very difficult to believe. If it is believed and it is accepted that others funded the operation – the hire of the dinghy, the hire cars, food and provisions for accomplices and so on – was he forced to commit the robbery and involve so many others? Was he the victim of blackmail? Was his family under threat if he did not carry out the plans of others? There were no claims of that nature, not even in the allocutus. There comes a point where a person must accept personal responsibility for the crime he has committed. If he shows that he has reached that point and is not intent on shifting the blame to others that will make his remorse genuine. But here it seems that William has not reached that point. He is blaming others – after he has been convicted – for what he did. As Mr Kaluwin submitted in response, he is trying to minimise his role when all the evidence has pointed in the other direction: he was the 'chief engineer'. He planned the robbery, got a team together to assist him in preparations and took the leading role in its execution.

33. As for his remorse, sure, he has apologised to the bank, the staff he terrorised, the police, correctional officers, the court, the People of Papua New Guinea. He has through his allocutus made admissions. Why didn't he do that before? Why did he plead not guilty when the evidence against him was overwhelming? I would like to be able to say that this is a case of an offender expressing genuine remorse, that he has seen the error of his ways, that he is a changed person, that he is no longer a danger to the community and that these are strong considerations mitigating the seriousness of his crime. But I cannot. A healthy dose of judicial scepticism gets in the way. Reality bites. William's remorse can be accepted as genuine but its timing works against him. It's a case of too little, too late.

34. Pitted against those mitigating factors, such as they are, lie obvious, strong aggravating factors:

35. The offender has prior convictions for serious crimes. He is a repeat offender and this works heavily against him when the court allocates a sentence to this one offence. Mrs Meten submits that five years would be appropriate. When she said that I must have given the impression that I thought it was an absurd submission as she made a dexterous response, highlighting that that was the sentence passed on the offender in the MRO robbery case last year. When I asked if she knew of any case in which I had given an offender a sentence of five years for armed robbery she replied deftly in the affirmative, pointing to my decision in The State v Owen Gabriel Koud CR No 312/2010, 20.05.10. I can say little about the sentence William received for the MRO robbery. Each sentence is driven by the circumstances of the case. There, he pleaded guilty and it was only natural that he would receive credit for that. As for Koud's case the offender pleaded guilty to armed robbery of a hardware store in Madang. It was a gang robbery and staff were held up at gunpoint, K43,000.00 was stolen, most of it was recovered. The offender's role was minor. He hired a dinghy, which was the getaway vehicle, and brought it to the shore and waited there for his accomplices as they committed the robbery. He was caught soon afterwards, shot, seriously wounded, denied medical treatment by the police (all these claims were accepted as true as he had pleaded guilty) and then he made early admissions. He had plenty of things going for him in mitigation, very few of which apply to the present case.

36. Mrs Meten's attempt to compare this case with Koud's case is flawed, seriously. The two cases are like chalk and cheese. The present case is like no other. It is unique. The amount of money stolen is huge, perhaps unprecedented. 37. The commission of related, very serious crimes – the kidnapping of the bank manager and other staff and their families – gives the case an added, frightening dimension. When this case is compared with other armed robbery cases in which I have passed sentence in recent years the contrasts are stark. The following table provides some examples.

No	Case	Details	Sentence
1	The State v James Negol (2005) N2801	Guilty plea – home invasion, Section 15, Kimbe – young offender – gang robbery – firearms used – K5,300.00 stolen.	7 years
2	The State v Aaron Lahu (2005) N2798	Guilty plea – Hoskins Mart store – large gang – gun and bushknives – offender got involved by accident – had minimal involvement.	3 years
3	The State v A Juvenile "ET" CR No 1012/ 2003, 09.04.05	Guilty plea – kai bar in Kimbe – juvenile – in company with two others – firearms – K400.00 stolen.	4 years
4	The State v Mogi Konda CR No 1316/2005, 19.04.05	Guilty plea – home invasion, Kapore, near Kimbe – in company with one other person – mature aged man – K22.00 stolen.	5 years
5	The State v David Bandi CR No 729/2003, 20.04.05	Trial – PMV robbery, Kumbango, near Kimbe – mature aged offender – in company with one other – firearm used – K300.00 stolen.	6 years
6	The State v Kia Tala Moksy CR 785/2005, 12.08.05	Guilty plea – Kimbe Mega Mart store – sole offender – firearm discharged – K1,120.00 stolen.	10 years
7	The State v Two Juveniles, "MK" & "PSA" CR No 372/2005, 25.08.05	Guilty pleas – robbery on street, Section 10, Kimbe – juveniles – in company with others – firearms – K30.00 stolen.	3 years
8	The State v Justin Komboli (2005) N2891	Trial conducted and sentence passed in absence of offender, who had escaped from custody – trade store robbery, Kavui, near Hoskins – armed with beer bottles, sticks and stones – store goods stolen – sole offender.	4 years
9	The State v Jacky Vutnamur & Kaki Kialo (No 3) (2005) N2919	Guilty pleas – two offences – in company with others – mature aged offenders – firearms used – first robbery of family home, Salelebu (police weapons and uniforms stolen) – second robbery of Kapiura Trading Supermarket (K40,000.00 stolen).	12 years; 12 years
10	The State v Lucas Soroken Sembengo, Bob Alois Wafu & Raphael Lawrence Mandal (2006) N2801	Trial – home invasion, Barema – young offenders – gang robbery – firearms used – K460.00 stolen.	12 years
11	The State v A Juvenile, "TAA" (2006) N3017	Guilty plea – juvenile – Shopper's Choice store robbery, Kimbe – offender had minimal involvement.	4 years
12	The State v Francis Vau Kamo CR 663-664/1998, 06.04.06	Trial – robbery of bank cash shipment, Hoskins Airport – young offender – in company with three others – firearms – K380,000.00 stolen.	13 years
13	The State v Dickson Kauboi CR No 495/2001, 07.06.06	Trial – Commodore Bay Company payroll robbery, Kimbe – in company with three other persons – mature aged man – K3,000.00 stolen.	8 years
14	The State v Alphonse Polpolio and Jeffery Baru CR No 865 + 701/2006, 14.07.06	Guilty pleas – two store robberies, Kandrian – in company with one other person – mature aged man – K2,807.00 stolen in first robbery – K21,530.00 stolen in second robbery.	5 years; 9 years

38. All of those cases are significantly less serious than the present case. The only one that comes anywhere near, that might be regarded as a close comparison is that of Francis Vau Kamo, where a Westpac Bank cash shipment was stolen at Hoskins Airport. A police officer was stabbed (not fatally) during the course of the robbery and the offender was convicted after trial. The sentence was 13 years imprisonment. However, the amount of money stolen was only 15% of the haul in the present case and there was none of the insidious extra dimension of the kidnapping of 13 people and threats to their lives.

39. In Richard Liri v The State (2007) SC883 the Supreme Court (Kandakasi J and Sevua J, Gabi J dissenting) increased an armed robbery sentence, on appeal, from eight years to 15 years and in doing so commented on the trend towards higher sentences but lamented the fact that it did not seem to be providing much deterrence, given the prevalence of the offence. An earlier Supreme Court case, Dadly Henry Gorop v The State (2003) SC732, had resulted in a slight reduction of a sentence from 20 years to 18 years. However, the trend towards higher sentences and the need for deterrence were emphasised.

40. In light of those sentencing trends, and having compared this case with other armed robbery sentences I have imposed, and having regard to the not unreasonable description of this robbery as one of the biggest and worst in PNG's history – none more serious have been brought to the court's attention – a sentence for the main perpetrator, a person with a horrendous criminal record, has to be found to fit the crime. The maximum sentence is life imprisonment and, as Mrs Meten stressed, the maximum must be reserved for the worst category of cases (Goli Golu v The State [1979] PNGLR 653). This is not the worst case, as no one was physically injured. But it comes very close. The number and strength of the aggravating factors drive the sentence well over the starting point of nine years. The appropriate sentence is 25 years imprisonment.

41. Under the Criminal Code, Section 515, the maximum penalty for the offence of conspiracy to commit the crime of robbery, is seven years imprisonment. There are no Supreme Court sentencing guidelines, so I use the mid-point of three and a half years as a starting point.

43. I can identify no mitigating factors. This is a worst case category of conspiracy, warranting the maximum penalty. I allocate a sentence of 7 years imprisonment.

44. Under the Criminal Code, Sections 354(1)(a) and (2), the maximum penalty for each offence, given that each person kidnapped was set at liberty without having suffered grievous bodily harm, is 10 years imprisonment. There are no Supreme Court sentencing guidelines so I use the mid-point of five years as a starting point. Mr Kaluwin submitted that that would be an appropriate sentence but I do not think that his submission captured the seriousness of these offences; and I am not bound by his concessions.

45. The major mitigating factor is that none of the victims was proven to have been physically harmed by the offender. However, there are major aggravating factors to be taken into account, given the circumstances in which each victim was kidnapped:

46. The total potential sentence arising from the 13 counts of kidnapping for ransom is:

47. Under the Criminal Code, Sections 355(a), the maximum penalty for each offence is three years imprisonment. There are no Supreme Court sentencing guidelines, so I use the mid-point of 18 months as a starting point. Again Mr Kaluwin has been too generous in his submissions. He suggested that a one-year sentence on each offence would be sufficient.

48. I take into account that none of the victims was physically harmed. However, there are major aggravating factors to be taken into account, given the circumstances in which each victim was unlawfully deprived of their liberty. I allocate sentences for these counts, after taking into account the aggravating factors highlighted in the corresponding counts for kidnapping. The sentences are:

49. The victim in the final count, No 27, on the second indictment was the bank's electronic banking supervisor, "PS", who was detained during the course of the robbery on Saturday morning and taken to Malolo Lodge after the robbery with the other hostages. I allocate 2 years for that offence.

50. The total potential sentence arising from the 14 counts of unlawful deprivation of liberty is:

52. The general rule is that if two or more offences are committed in the course of a single transaction or incident the sentences in respect of the offences should be concurrent unless there are different victims (Public Prosecutor v Kerua [1985] PNGLR 85; Mase v The State [1991] PNGLR 88). Here, there were two distinct series of transactions and incidents:

53. Mrs Meten submitted that commission of the kidnapping and unlawful deprivation of liberty offences was so closely connected to the armed robbery and conspiracy offences that all sentences should be served concurrently. However, this would not take account of the separate victims that suffered through commission of the kidnapping and unlawful deprivation of liberty offences. As for the armed robbery and conspiracy, the bank can be regarded as a principal victim; whereas there were obviously 14 separate victims who were directly affected by the other 27 offences.

54. The sentences for the kidnapping and unlawful deprivation of liberty offences should therefore be served cumulatively to the armed robbery and conspiracy offences.

55. The total potential sentence, subject to the totality principle, is therefore:

56. The totality principle requires the court, after determining whether and to what extent the individual sentences are to be served concurrently or cumulatively and before fixing a total head sentence, to examine the total potential sentence that the offender is facing to see if it is just and appropriate having regard to the totality of the criminal behaviour involved. The court needs to guard against imposing crushing sentences: those that are over the top or manifestly excessive (Public Prosecutor v Terrence Kaveku [1977] PNGLR 110, Acting Public Prosecutor v Konis Haha [1981] PNGLR 205, Paul Mase and Kopa Lore John v The State [1991] PNGLR 88, Emil Kongian v The State (2007) SC928).

57. Sentencing a middle-aged man, who has a considerable period still to serve under his previous sentences, to a 123-year sentence would be tantamount to imposing a life sentence. Perhaps that would not be an unjust outcome, given that the offender would seem properly labelled as a habitual criminal. However, I think I would be travelling too far beyond conventional sentencing practices if I were to impose such a sentence. This is also an appropriate part of the sentencing process to take into account that the offender, despite the trauma and terror he inflicted on many people, including very vulnerable victims, did not, in committing any of these serious crimes, directly and physically harm anyone. He counselled them throughout their ordeal that if they co-operated they would not be physically harmed. He kept to his promise and he must be given credit for that. He says he is a changed man. I have decided under the totality principle to reduce the total head sentence considerably.

58. The total head sentence will be 30 years imprisonment, apportioned as follows:

59. There is no pre-sentence period in custody to be deducted as the offender has, while in custody during the trial and awaiting sentence, been serving previous sentences.

60. There is nothing in the pre-sentence report to warrant suspension of the sentence. It is almost a euphemism to call the offender a habitual criminal. There are other more pejorative labels that might be attached to him, eg serial offender, hardcore criminal, terrorist. He committed these very serious crimes after he had escaped from custody. This was not a criminal who had served some time, escaped and then laid low and kept out of harm's way and changed his life for the better. No. He changed his life for the worse. He wreaked havoc. He involved other young men and women in his scheme, most of whom had no prior record of involvement in crime. He traumatised women and children of all ages. He staged a robbery that – combined with the apparent negligence of the bank in having abject, ineffectual security protocols in place – undermined public confidence in the banking system.

61. He was given the chance to co-operate with the police and the court. If he had stuck to his original plea of guilty to the armed robbery charge, that might have been an indication of his genuineness, of a genuine desire to change. But he ended up pleading not guilty to all charges. Considerable State resources have been devoted to his trial. He is a most unsuitable candidate for probation. I decline to suspend any part of the sentence.

62. The offender has asked to be transferred from Beon Correctional Institution, Madang, where he is presently imprisoned, to Lakiemata Correctional Institution, West New Britain, which is the closest jail to the place where most of his relatives reside, in and around Kimbe. Under Section 37(20) (protection of the law) of the Constitution prisoners have an enforceable, but qualified, right to be imprisoned close to where their relatives reside. Section 37(20) states:

An offender shall not be transferred to an area away from that in which his relatives reside except for reasons of security or other good cause and, if such a transfer is made, the reason for so doing shall be endorsed on the file of the offender.

63. An offender can be transferred away from his relatives' area of residence in two situations: "reasons of security" or "other good cause" (Application by Kutetoa (2005) N2819). Here, the State and in particular the Commissioner of the Correctional Service oppose a transfer to Lakiemata for security reasons. The offender is regarded as a high-risk prisoner. He has a history of escaping, and most of his escapes have been from Lakiemata. The reasons are genuine and justify, at this stage, declining his application for transfer. He has filed separate proceedings, MP No 366 of 2011, seeking to enforce his right under Section 37(20) and he is at liberty to pursue that application. For present purposes, however, the application he has made in the present proceedings will be refused. I will order that he be transferred to Bomana Correctional Institution, National Capital District, where he will await trial for another charge of armed robbery.

66. He thanked the court for the time spent on this case and for ensuring that it was given priority. He apologised to the People of PNG and to the management and staff of BSP, especially to the bank manager and other staff and their family members. He promised that he would never again appear in the National Court, charged with any offence.

67. He said he is married with two wives and three children. As a young father the future of his children depends on him. He asked on behalf of his children for the mercy of the court. He asked that the court take into account that he did not physically harm anyone in the commission of the offences. The bank staff and their families were treated well. The bank, although it would have been inconvenienced by what happened, would have had insurance to cover this sort of thing. He has suffered physically at the hands of the police. He was shot and stabbed when he was arrested and lost a lot of blood. Then he was threatened and assaulted over a period of four days. Fortunately God came to his rescue, otherwise he would be dead. He thanked the court for granting him bail in July 2009 and asked that his good record while on bail be considered. He is not a threat to the community, he maintained.

Age : 32
Origin : Howi, Yangoru district, ESP
Upbringing : Morobe: Lae
Marital status : Married, two wives
Dependants : 3 children
Family : Parents alive, both from ESP, 7 siblings
Education : Grade 10, Emmanuel Lutheran Secondary School, Lae
Employment : Casual employment, LPV awareness
Occupation : Self-employed
Health : Sound, though he has a history of TB
Religion : Lutheran

68. Jacob Peningi Okimbari has a strong family support network. One of his wives, Elizabeth Jacob, who lives in Madang with their child, attests to the difficult situation they are in. Expressing similar sentiments is his elder brother, Wilson Peningi, who said that Jacob's parents and the rest of the family were shocked to hear of his involvement in criminal activity. They find it hard to believe that he would have played a major role, as he has never done anything like this before. He must have been misled by others. Their position is supported in written statements by Mr Ben Yegigori, who was one of his bail guarantors; Mr John Dobunaba, Ward 2 Development Officer, Lae Urban LLG; Mr Michael Koi, Ward 2 Councillor, Lae Urban LLG; and Mr Samson Gaan, DCA Ward Councillor, Madang Urban LLG. A character report by Chief Inspector Tita Wada, Deputy Commanding Officer, Beon Jail, states that in the time Jacob has spent there he has integrated well with other detainees and warders. He is regarded as a 'person of integrity' and keeps the peace and participates in sport and church activities.

69. Jacob Peningi Okimbari played a critical role in planning and implementation of the robbery, including (as set out at para 279 of the judgment on verdict):

70. He has no criminal record. He has a good community record. He is probably not a serious threat to the community. However the sentence must reflect the major role he played in the commission of a very serious offence. I allocate a sentence of 20 years imprisonment.

71. He was not the chief planner of the armed robbery but the prominence of his role warrants a sentence near the maximum: 5 years imprisonment.

72. He was at Malolo Lodge, helping to keep watch over the hostages. He should receive the same sentences as William for these offences. Thus:

73. For the same reasons as for the kidnapping offences he will receive the same sentences as William. Thus:

75. I will take the same approach as for William's sentences. The armed robbery and conspiracy offences are concurrent; the kidnapping and unlawful deprivation of liberty offences are concurrent; the two groups of sentences are cumulative to each other. The total potential sentence, subject to the totality principle, is therefore:

76. Sentencing this young man to a 116-year sentence would be tantamount to imposing a life sentence. It would be crushing and excessive. Looking at the totality of his criminal conduct and bearing in mind that he was the principal offender's 2IC, he must get a hefty sentence. Against that he is a first-time offender, with a good community record, his human rights were abused by the police on several occasions (proof of which emerged in the trial) and he showed that he could be trusted, and demonstrated that he may have turned his life around. I have decided under the totality principle to reduce the total head sentence considerably.

77. The total head sentence will be 15 years imprisonment, apportioned as follows:

78. I decide under Section 3(2) of the Criminal Justice (Sentences) Act that there will be deducted from the term of imprisonment the whole of the pre-sentence period in custody, which is 1 year.

79. He has a good pre-sentence report and there is proof that his human rights were abused by the police on more than one occasion. I will allow a partial suspension, but only a small one. He played a critical role in one of the most serious robberies committed in PNG history and his time in custody must reflect that. Three years will be suspended, on standard conditions, which are set out at the end of this judgment.

80. The offender has asked to remain at Beon Correctional Institution, which is the closest jail to the place where a wife and a child are now residing. This request is not opposed by the State so I will sign a warrant of commitment to that effect.

83. He thanked the court for the time spent on his case and he respects the court's verdict. He apologised deeply to the staff of BSP, especially to the bank manager and other staff and their family members. He apologised to the People of Madang and to the People of Papua New Guinea. He deeply apologised to his wife and children and to all his friends and relatives and to the communities of East Taraka, Lae (where he has lived for many years) and of Kranket Island, Madang (where he was staying while on bail). He apologised to the court, its staff and everyone in the courtroom. He prays and hopes everyone will forgive him. He thanked all the lawyers and other officers of the court for the time spent on his case. He asked for the mercy of the court so that he does not have to spend too much time away from his wife and children. He will accept and respect any sentence the court gives him.

Age : 37
Origin : Nambari, Yangoru district, ESP/Kranket Is, Madang
Upbringing : Morobe: Lae
Marital status : Married
Dependants : 4 children
Family : Parents alive, living in ESP, 4 siblings
Education : Grade 7, Port Moresby
Employment : No formal employment – voluntary community work
Occupation : Unemployed
Health : OK
Religion : Catholic/Lutheran

84. Collin Masilo has a strong family support network. His wife, Freda Masilo, who lives in Madang with their children, indicates that they have a stable marriage of 11 years duration. She is very concerned about the welfare and daily needs of the children. The court has been urged by the Family & Sexual Violence Committee of Madang, in a letter dated 29 April 2011, to consider the rights of Collin's children. The offender has held leadership positions in the Catholic Youth Movement, especially in Lae. A glowing report of his contributions has been provided by Mr Geosu Tisam, the Parish President of Saint Sebastian Catholic Church, Lae. Written statements attesting to his strong personal qualities and to his active and highly valued involvement in various community work and protection programs on Kranket Island and in Madang town have been provided by Mr Wesly Bosly, the Parish Chairman of Ragetta Lutheran Church; the Board Chairman of Graged Island Primary School; Mr Bill Koi, Ward 1 Councillor, Ambenob LLG; and Mr Seven Manda, the Madang Urban Youth Council President. A character report by Chief Inspector Tita Wada, Acting Commanding Officer, Beon Jail, states that in the time Collin has spent there he has integrated well with other detainees and warders. He is regarded as a person of integrity and keeps the peace and participates in sport and church activities.

85. The precise role played by Collin Masilo in planning and implementation of the robbery is not known. It did not emerge in evidence, and he was convicted on circumstantial evidence (as set out at para 288 of the judgment on verdict). Neither did his precise role emerge in allocutus. He apologised to many people, including the bank manager and other staff and their families, but did not specify what he was apologising for. Mr Kaluwin conceded in submissions that his role was minimal. That is a proper concession in the circumstances and will be regarded as a mitigating factor. He has no criminal record. He has a very good community record. He is not a serious threat to the community. I allocate a sentence of 10 years imprisonment.

86. It follows from the finding as to his role in the robbery that he had a relatively minor role in the conspiracy. I allocate a sentence of 4 years imprisonment.

87. There is no direct evidence that he was at Malolo Lodge, helping to keep watch over the hostages. He should therefore receive lesser sentences than those (such as William and Jacob) who were proven to have directly committed these offences. Thus:

88. For the same reasons provided in relation to the kidnapping offences he will receive lesser sentences than those who were proven to have directly committed these offences. Thus:

90. I will take the same approach as for William's sentences. The armed robbery and conspiracy offences are concurrent; the kidnapping and unlawful deprivation of liberty offences are concurrent; the two groups of sentences are cumulative to each other. The total potential sentence, subject to the totality principle, is therefore:

91. Sentencing this middle-aged man to a 67-year sentence would be tantamount to imposing a life sentence. It would be crushing and excessive. Looking at the totality of his criminal conduct and the relatively minor role he played, and that he is highly regarded in his local communities and that he appears to be a strong family man, and because he has no prior convictions he must get a lighter sentence than some of his co-offenders. I have decided under the totality principle to reduce the total head sentence considerably.

92. The total head sentence will be 10 years imprisonment, apportioned as follows:

93. I decide under Section 3(2) of the Criminal Justice (Sentences) Act that there will be deducted from the term of imprisonment the whole of the pre-sentence period in custody, which is 1 year, 2 months.

94. He has a very good pre-sentence report, which shows that he is suitable for probation. I will allow a partial suspension, of three years.

95. The offender has asked to remain at Beon Correctional Institution, which is the closest jail to the place where his wife and children are now residing. This request is not opposed by the State so I will sign a warrant of commitment to that effect.

98. He apologised to the victims of the robbery, especially the bank manager and other staff and their family members, and to all BSP staff. He respects the court's verdict. He apologised to the people of Madang and members of international communities living in Madang. He apologised to the Government of Papua New Guinea. He apologised to the Court staff for all the time and effort spent on this case. He emphasised that the 7th offender, Joyce Maima, is innocent. She only became implicated because she was his girlfriend. He apologised to her and her family. He was only convicted because of the money found in his possession in Lae. He had no involvement in what happened in Madang. It is true that he was associating with William, who is a very popular figure and a lot of people want to know who he really is. But just because he was hanging around with William does not mean that he got into the same trouble that William did. He (Johnny) does not have the courage to do the sorts of things that William has done. He feels that he was wrongly convicted of armed robbery, conspiracy, kidnapping and unlawful deprivation of liberty. He should only have been charged with receiving stolen property. Nevertheless he respects the court's decision to find him guilty of all charges. He is concerned that his reputation has been destroyed by his conviction. It will be hard to find employment when he leaves jail. He feels that he has been punished enough already. He has suffered at the hands of the police who committed human rights abuses against him on more than one occasion. When he first went into Correctional Service custody he was put straight into the dark cells at Buimo Jail, which is wrong. He has been in custody a long time. He has suffered through the media. He is very concerned about the welfare of his daughter, who has been taken to Rabaul by his wife. He has recently got word from the village that his mother is very ill. She is distressed that he is in prison and wants to see him before she passes away. He asked for the forgiveness of everyone. He begged for the court's mercy and asked for a non-custodial sentence but if that is not possible, for a reasonable time in custody.

Age : 29
Origin : Warabung, Yangoru district, ESP
Upbringing : village, Wewak, Port Moresby
Marital status : Married
Dependants : 1 child
Family : Father deceased, mother alive, but frail, 9 siblings
Education : Grade 8, Brandi High School, bookkeeping certificate
Employment : Several sales assistant positions, over five years
Occupation : Sales assistant
Health : Sound, but limited mobility due to police bashing
Religion : Seventh-Day Adventist

99. Johnny Gumaira has a strong family support network. His brother-in-law, Lemech Kama, wrote a statement in support on behalf of the extended family, pointing out that Johnny was brought up in a loving and caring Christian family. He has a limited education but managed to find his way into formal employment. The family feels that he has landed in trouble only because he was in the company of people with wrong motives at the wrong times. Written statements attesting to his strong personal qualities have been provided by Pastor John Kopkop, Puakap Prodigal Church, Lae; Mr Eddie Mori, Ward 1 Councillor, Lae Urban LLG; Mr Yaeng Barnabas, Ward 13 Councillor, Lae Urban LLG; and Mr Gerard Tatireta, Executive Officer of JKT Lim Ltd, with whom the offender was employed in 2006-2007. A character report by Chief Inspector Tita Wada, Acting Commanding Officer, Beon Jail, states that in the time Johnny has spent there he has integrated well with other detainees and warders. He is regarded as a person of integrity and keeps the peace and participates in sport and church activities.

100. The precise role played by Johnny Gumaira in planning and implementing the robbery is not known. It did not emerge in evidence, and he was convicted on circumstantial evidence (as set out at para 298 of the judgment on verdict). He maintained his innocence in the allocutus, to no avail. He was found at the trial to have been in the white Toyota Hilux in which a number of the offenders travelled from Lae to Madang the night before the bank manager and other staff and their families were kidnapped. He had at least K134,100.00 cash, part of the robbery proceeds, in his possession in Lae soon after the robbery.

101. The reasonable inference to draw from these facts is that he played an important role in carrying out the robbery. He has no criminal record. He has a good community record and solid support from his family. He is not a serious threat to the community. I allocate a sentence of 12 years imprisonment.

102. There is no direct evidence that he was heavily involved in the conspiracy to commit the robbery. I allocate a sentence of 4 years imprisonment.

103. There is no direct evidence that he was at Malolo Lodge, helping to keep watch over the hostages. He should therefore receive lesser sentences than those (such as William and Jacob) who were proven to have directly committed these offences. I will allocate the same sentences as for Collin Masilo. Thus:

104. For the same reasons provided in relation to the kidnapping offences he will receive lesser sentences than those who were proven to have directly committed these offences. Thus:

105. Under the Criminal Code, Sections 410(1)(a) and (2), the maximum penalty for the offence of receiving stolen property is 14 years imprisonment. There are no Supreme Court sentencing guidelines, so I use the mid-point of seven years as a starting point.

107. I can identify no significant mitigating factors. Comparing this case to other sentences that have been imposed for this offence (see The State v Jelio Yawi (2009) N3631) I allocate a sentence of 10 years imprisonment.

109. I will take a similar approach as for William's sentences. The armed robbery and conspiracy offences are concurrent; the kidnapping and unlawful deprivation of liberty offences are concurrent; the two groups of sentences are cumulative to each other.

110. As for the receiving stolen property sentence, I take into account that when the indictment under which this charge was presented, Mr Kaluwin indicated that the charge was an alternative to the armed robbery and conspiracy charges that were presented under the first indictment. Therefore this sentence should be served concurrently with the sentences for armed robbery and conspiracy. The total potential sentence, subject to the totality principle, is therefore:

111. Sentencing this young man to a 69-year sentence would be tantamount to imposing a life sentence. It would be crushing and excessive. Looking at the totality of his criminal conduct and the nature of the role he played, and that he is highly regarded in his local communities and that he has a strong family support network, and because he has no prior convictions he must get a lighter sentence than some of his co-offenders. I have decided under the totality principle to reduce the total head sentence considerably.

112. The total head sentence will be 12 years imprisonment, apportioned as follows:

113. I decide under Section 3(2) of the Criminal Justice (Sentences) Act that there will be deducted from the term of imprisonment the whole of the pre-sentence period in custody, which is 2 years, 9 months, 1 week.

114. He has a good pre-sentence report, which shows that he is suitable for probation. He has had his human rights seriously breached on more than one occasion. I will allow a partial suspension, of three years.

115. The offender has asked to be transferred to Bomana Correctional Institution, National Capital District, which is the closest jail to the place where one of his sisters, to whom he is very close, resides. This request is a reasonable one and is not opposed by the State so I will sign a warrant of commitment to that effect.

118. He started by emphasising that he respects the court's decision to find him guilty. He apologised deeply to the staff of BSP, especially to the bank manager and other staff and their family members. He apologised to all of BSP's clients. He thanked the court and all of its officers for the time and effort spent on bringing this case to a conclusion. He asked that the court consider his poor physical condition. He is suffering from recurrent haemorrhoids, which causes him prolonged pain, discomfort and indignity. His condition has been worsened by the low-fibre diet that is prevalent in prison. The other concern he has is for the welfare of his wife and two beautiful children, Ernest, aged 5, and John, aged 3. He has suffered emotionally and psychologically as a result of being kept away from them for almost three years. He feels irresponsible, regretful and ashamed that they are growing up without their father. He does not want to see them take refuge in crime or his wife to turn to illegal activities in order to survive. He asks the court to take into account his record as a teacher and his preparedness to work in different and remote parts of the country. He asks for a second chance so he can prove that he is a changed person and that he can win back the trust and heart of his family and others around him. He asked for the mercy of the court by being given a non-custodial sentence.

Age : 32
Origin : Kwagwie, Yangoru district, ESP
Upbringing : ESP
Marital status : Married
Dependants : 2 children
Family : Parents alive, living in ESP, 7 siblings
Education : Grade 10, St Xavier's HS, Diploma in Teaching
Employment : Primary school teacher, 2001 to 2008
Occupation : Teacher
Health : Poor, chronic haemorrhoids
Religion : Catholic

119. Damien Inanei's wife, Elizabeth Narenji, has a job at Globe Manufacturing in Madang, but as she is not from Madang she is struggling financially and emotionally as she has two young sons to raise in the absence of their father. A statement by Mrs Jubilee Dulau, Community Development Adviser with Madang Provincial Government affirms the genuineness of these concerns. The offender has held teaching positions in West New Britain at Hella (2001) and Gigo (2002). He was posted to Begesin Primary in the Usino-Bundi district of Madang Province in 2003, from where he was transferred to Bogia in 2004 and to Gum Primary in 2005. Written statements attesting to his strong personal qualities and to his active involvement in various community programs have been provided by Mr James Apimia, the Parish Chairman of Yomba Catholic Church and Mr Samson Gaan, Ward Councillor, Madang Urban LLG. A character report by Chief Inspector Tita Wada, Acting Commanding Officer, Beon Jail, states that in the time Damien has spent there he has integrated well with other detainees and warders. He is regarded as a person of integrity and keeps the peace and participates in sport and church activities.

120. The full extent of the role played by Damien Inanei in planning and implementation of the robbery is not known. It did not emerge in evidence, and he was convicted on circumstantial evidence (as set out at para 306 of the judgment on verdict). It is clear, however, that he played an important role in the hiring and driving of vehicles in Madang that were used for the robbery. His house at Gum Primary was used as the Madang base for a number of the criminals. He has no criminal record. He has a very good community record. He is not a serious threat to the community. I allocate a sentence of 10 years imprisonment.

121. It follows from the finding as to the nature of his role in the robbery that he had a relatively minor role in the conspiracy. I allocate a sentence of 4 years imprisonment.

122. There is no direct evidence that he was at Malolo Lodge, helping to keep watch over the hostages. He should therefore receive lesser sentences than those (such as William and Jacob) who were proven to have directly committed these offences. Thus:

123. For the same reasons provided in relation to the kidnapping offences he will receive lesser sentences than those who were proven to have directly committed these offences. Thus:

125. I will take the same approach as for William's sentences. The armed robbery and conspiracy offences are concurrent; the kidnapping and unlawful deprivation of liberty offences are concurrent; the two groups of sentences are cumulative to each other. The total potential sentence, subject to the totality principle, is therefore:

126. Sentencing this middle-aged man to a 67-year sentence would be tantamount to imposing a life sentence. It would be crushing and excessive. Looking at the totality of his criminal conduct and the role he played, and that he is highly regarded in his local communities and that he appears to be a strong family man, and because he has no prior convictions he must get a lighter sentence than some of his co-offenders. I have decided under the totality principle to reduce the total head sentence considerably.

127. The total head sentence will be 10 years imprisonment, apportioned as follows:

128. I decide under Section 3(2) of the Criminal Justice (Sentences) Act that there will be deducted from the term of imprisonment the whole of the pre-sentence period in custody, which is 2 years, 10 months, 2 weeks.

129. He has a good pre-sentence report, which shows that he is suitable for probation. His exemplary record as a teacher needs special consideration. His poor health, combined with the genuine concern for the welfare of his children, mean that it is appropriate to partially suspend the sentence. Like all of the offenders he has asked for the balance of his sentence to be suspended. The seriousness of the offences of which he has been convicted make that inappropriate. Four years of the sentence will be suspended.

130. The offender has asked to remain at Beon Correctional Institution, which is the closest jail to the place where his wife and children are now residing. This request is not opposed by the State so I will sign a warrant of commitment to that effect.

132. He has one prior conviction: escape from lawful custody (while on remand for an offence of which he was found not guilty), for which he was sentenced to five years by the National Court at Kimbe in 2005.

133. He acknowledged that this was the second time he was appearing before the court to be sentenced. He apologised generally for what he had done. He respects the decision of the court to find him guilty. He asked the court to note that he had spent more than two years in solitary confinement, which is a considerable punishment in itself. He asked for the mercy of the court by imposing a reasonable sentence that would give him a chance to return to being a useful member of the community in West New Britain, which he regards as home.

Age : 31
Origin : Kruti, Kainantu, EHP
Upbringing : WNB: Buvussi and Gigo (Kimbe)
Marital status : Married
Dependants : Unclear
Family : Parents alive, both from EHP, 7 siblings
Education : Grade 9, Moramora Technical School, WNB
Employment : No formal employment record
Occupation : Unemployed
Health : Generally sound, though prone to intermittent asthma
Religion : Seventh-Day Adventist

134. Kito Aso's personal history is not recorded in detail in the pre-sentence report. He is an Eastern Highlander who has been raised in West New Britain. He has a close relationship with the primary offender, William Nanua Kapris. They are like brothers. It emerged clearly in the trial that William is a leader and Kito a follower. Kito has got himself into trouble by following his big brother, William.

135. Kito Aso played a critical role in implementation of the robbery, as he came with William in the dinghy from Kimbe to Lae, travelled with other offenders to Madang to commit the robbery and he was one of the armed guards keeping watch over the hostages at Malolo Lodge (see para 312 of the judgment on verdict).

136. He has a criminal record and he committed the offence while he was on probation. The sentence must reflect the major role he played in the commission of a very serious offence. I allocate a sentence of 15 years imprisonment.

137. He was not the chief planner of the armed robbery but the prominence of his role warrants a sentence near the maximum: 5 years imprisonment.

138. He was at Malolo Lodge, keeping watch over the hostages. He should receive the same sentences as William for these offences. Thus:

139. For the same reasons as for the kidnapping offences he will receive the same sentences as William. Thus:

141. I will take the same approach as for William's sentences. The armed robbery and conspiracy offences are concurrent; the kidnapping and unlawful deprivation of liberty offences are concurrent; the two groups of sentences are cumulative to each other. The total potential sentence, subject to the totality principle, is therefore:

142. Sentencing this young man to a 111-year sentence would be tantamount to imposing a life sentence. It would be crushing and excessive. Looking at the totality of his criminal conduct and bearing in mind that he was one of the armed guards, he must get a hefty sentence. Against that his human rights have been breached by being kept in solitary confinement for a lengthy period without judicial approval. I have decided under the totality principle to reduce the total head sentence considerably.

143. The total head sentence will be 12 years imprisonment, apportioned as follows:

144. I decide under Section 3(2) of the Criminal Justice (Sentences) Act that there will be deducted from the term of imprisonment the whole of the pre-sentence period in custody, which is 2 years, 9 months.

145. He committed these offences while he was on probation, showing that he cannot be trusted. He has only himself to blame for being led by others. The pre-sentence report does not provide a good case for suspension.

146. The offender has asked to be transferred to Lakiemata Correctional Institution, West New Britain Province, which is the closest jail to the place where most of his relatives reside, in and around Kimbe. This request is not opposed by the State so I will sign a warrant of commitment to that effect.

149. She thanked the court and the lawyers for their time and commitment. She expressed her deepest heartfelt apology to the BSP, its staff, shareholders and clients who have been affected by the robbery. She apologised in particular to the innocent families who fell victim to the case. She apologised to the country and its people. She comes from a well-disciplined family. Her parents worked hard to give her and her two sisters and brother a good education. They have contributed so much to her life, but now they are struggling. She also has a foster family who supported her until she graduated from Unitech in 2003. She was married soon after graduating but the marriage lasted only a brief period before her husband left her, leaving her to raise her son as a single mother. She secured a job with Credit Corporation and worked tirelessly to become manager of the Lae branch, the position she held at the time of her arrest in 2008. Her involvement in this crime has been the most regretful matter in her entire life and it has adversely affected her families greatly, especially her siblings and her son, who is now eight years old. She has not seen her son for more than two and a half years and this is greatly distressing. She has never been charged with an offence before. This is the first and last time. She is not a threat to the community. She has realised her mistake. She promises never to do anything of a similar nature again. She feels remorse for what she did. She understands that she contributed to the crime. She asked the court to take into account how she was mistreated and humiliated by the police at the time of her arrest. She also has health problems. She asked for the mercy of the court by being given a reasonable term to serve so that she soon is reunited with her son, her families and the community.

Age : 29
Origin : Noinoro, Siane-Watabung, EHP
Upbringing : Port Moresby
Marital status : Single
Dependants : 1 son
Family : Parents alive, living in POM, 3 siblings
Education : Grade 12, Diploma in Business Management, Unitech
Employment : Credit Corporation, 2004-2008
Occupation : Manager
Health : Suffers regular heartburn (reflux oesophagitis)
Religion : Seventh-Day Adventist

150. Joyce Maima has a strong family support network, evident from a statement provided by her uncle, George Yauwe, which details the effect that Joyce's involvement in crime has had on her families. A statement by Mr Thomas Eka, Senior Elder, Lae Memorial SDA Church, states that she was, before she was arrested, an active participant in church youth programs.

151. Glowing character references, attesting to the positive impact she has had on the female prison population at Beon Jail have been provided by numerous correctional officers. She has been heavily involved in many life skills programs, especially adult literacy, and is regarded as a role model for other female detainees. A report by Norma Keno, Child Protection Officer, Morobe Provincial Administration, records the emotional trauma that has been experienced by Joyce's son, Dylan, as a result of the separation from his mother.

152. The full extent of the role played by Joyce Maima in planning and implementation of the robbery is not known. It did not emerge in evidence, and she was convicted on circumstantial evidence (see para 319 of the judgment on verdict). It is clear, however, that she played an important role in providing vehicles in Lae that were used by the principal offender, William Nanua Kapris, and others, in Lae after the robbery. Having said that, her role in the criminal scheme was relatively minor. She has no criminal record. She has a good community record. She is not a serious threat to the community. She must be given credit for the way in which she has conducted herself while in custody. I allocate a sentence of 10 years imprisonment.

153. It follows from the finding as to the nature of her role in the robbery that she had a relatively minor role in the conspiracy. I allocate a sentence of 4 years imprisonment.

154. She was convicted of this offence on the strength of having K4,600.00 cash, part of the proceeds of the robbery, in her bedroom. Given that the 4th offender, Johnny Gumaira, was given a sentence of 10 years for having received K134,100.00, it is appropriate that Joyce receive a lesser sentence than that. However, the seriousness of the crime that led to having the stolen property in her possession means that the appropriate sentence is not just a reflection of how much money she received. She has committed a serious offence. The appropriate sentence is 5 years imprisonment.

156. I will take the same approach as for the other offender, Johnny Gumaira, who was convicted, in addition to other offences, of receiving stolen property. The armed robbery and conspiracy sentences will be concurrent with the receiving stolen property sentence. The total potential sentence is therefore 10 years imprisonment.

157. The totality principle does not apply in this case as all three sentences will be served concurrently. It is not appropriate to consider any reduction of the head sentence. The total head sentence will be 10 years imprisonment.

158. I decide under Section 3(2) of the Criminal Justice (Sentences) Act that there will be deducted from the term of imprisonment the whole of the pre-sentence period in custody, which is 2 years, 8 months.

159. She has a good pre-sentence report, which shows that she is suitable for probation. Her exemplary record as a detainee should be recognised. Her poor health, combined with the genuine concern for the welfare of her young son, mean that it is appropriate to partially suspend the sentence.

160. Like all of the offenders she has asked for the balance of her sentence to be suspended. The seriousness of the offences of which she has been convicted make that inappropriate. Four years of the sentence will be suspended.

161. The offender has asked to remain at Beon Correctional Institution, where she is highly regarded by both the correctional staff and fellow detainees. She wishes to further develop the adult literacy programs that she has been conducting. This request is not opposed by the State so I will sign a warrant of commitment to that effect.

164. He started by acknowledging the time and effort the court had put into completion of his case. He apologised deeply to the staff of BSP, especially to the bank manager and other staff and their family members. This is the most regretful thing that has happened in his entire life. It has greatly damaged his reputation, his career and his family. He feels that he has already been punished severely by the long time he has spent in custody. His wife and children have suffered immensely and he is looking forward to being reunited with them as they are the foundation of his life and he is concerned that they are at risk without a husband and father to protect them. He asked the court to take into account the role he played in the surrender of the 3rd offender Collin Masilo in Lae in September 2008. He is not a threat to the community. Quite the contrary, he has great responsibilities as he is a community leader, having recently stood for election as Lord Mayor of Lae. He believes he can help change the community as he is a humble and dedicated citizen intent on making his community a better place to live in.

165. He thanked his lawyer, Mr Daniels, and all the other lawyers involved in bringing this case to a conclusion. He asked that the court consider the nature of his involvement in the robbery. He asked for the mercy of the court by being given a non-custodial sentence.

Age : 42
Origin : Pere, Penabu, Manus
Upbringing : Lae
Marital status : Married
Dependants : 2 children
Family : Father deceased, mother alive, 5 siblings
Education : Grade 10, Bugandi HS
Employment : Salesman
Occupation : Self-employed businessman
Health : Sound, subject to occasional arthritis
Religion : Catholic

166. Bobby Selan is a well known community leader in Lae. Written statements attesting to his strong personal qualities and to his active involvement in various community programs, both in Lae and Madang, have been provided by Mr Alfred Kiandu, his guarantor; Mrs Magdalene Gawi, the Youth Co-ordinator of St Martin's Parish, Lae; Mr John Dobunaba, Community Development Officer, Lae Urban LLG; Mr Samson Gaan, Ward Councillor, Madang Urban LLG; Mr Christopher Tomongo, Deputy Mayor of Madang; Mr David Kanagu, former Mayor of Madang. Character reports by Chief Inspector Tita Wada and Chief Inspector Philip Gabu of Beon Jail, state that in the time Bobby has spent there he has integrated well with other detainees and warders and is a positive influence on other detainees as he is discouraging them from escaping and has been able to intervene to sort out grievances. He is regarded as a person of integrity and keeps the peace and participates in sport and church activities.

167. The full extent of the role played by Bobby Selan in planning and implementation of the robbery is not known. It did not emerge in evidence, and he was convicted on circumstantial evidence (see para 331 of the judgment on verdict). It is clear, however, that he played an important role in preparations for the robbery as his house in Lae was used as a base or staging post by principal offender William Nanua Kapris and others in the two-week period leading up to the robbery. His residence was also a place that some of those who went to Madang, for the purposes of the robbery, returned to after the robbery.

168. He has no criminal record. He has a very good community record. He is not a serious threat to the community. I allocate a sentence of 10 years imprisonment.

169. It follows from the finding as to the nature of his role in the robbery that he had a relatively minor role in the conspiracy. I allocate a sentence of 4 years imprisonment.

171. I will take the same approach as for other offenders: the sentences for armed robbery and conspiracy will be served concurrently. The total potential sentence is 10 years imprisonment.

172. The totality principle does not apply in this case as both sentences will be served concurrently. It is not appropriate to consider any reduction of the head sentence. The total head sentence will be 10 years imprisonment.

173. I decide under Section 3(2) of the Criminal Justice (Sentences) Act that there will be deducted from the term of imprisonment the whole of the pre-sentence period in custody, which is 2 years, 7 months, 2 weeks.

174. He has a good pre-sentence report, which shows that he is suitable for probation. His sound community record deserves recognition. His genuine concern for the welfare of his wife and children, combined with his exemplary conduct as a detainee at Beon Jail mean that it is appropriate to partially suspend the sentence.

175. Like all of the offenders he has asked for the balance of his sentence to be suspended. The seriousness of the offences of which he has been convicted make that inappropriate. Three years of the sentence will be suspended.

176. The offender has asked to remain at Beon Correctional Institution, where he has come to assume an important role in maintaining order and harmony. This request is not opposed by the State so I will sign a warrant of commitment to that effect.

179. He thanked God for being with him and his co-accused throughout this case. God has protected his life and he feels that He still has plans for him. He thanked the court for the time and effort put into completion of his case. He apologised deeply to the staff of BSP, especially to the bank manager and other staff and their family members. He apologised to all of the customers of BSP Madang, especially those whose businesses were affected by the robbery. He apologised to the Police and the Correctional Service and their members and families and to the witnesses who were required to give evidence. He apologised to the people of Manus, and especially those of his small island, which is where his heart lies, and to all members of his family and especially to his ailing mother, who has not coped well since hearing of his being arrested and charged.

180. He asks the court to consider the effect that his imprisonment is having on his wife (who he described as the most beautiful lady in PNG) and his only child, a boy who was born only just before he (the offender) was taken into custody, and who suffers from cerebral palsy. This is the most regretful thing that has happened in his entire life. He had just started a small business when he was arrested and his business has been destroyed. If only he had a few more resources he would not have fallen victim to getting involved in criminal activity. It was a trap and he fell into it. He has had a leadership role in the SDA Church in Lae, and he asks the court to take this into account. Many of the youths in Lae are missing him. He wants again to be a productive member of society. He pointed out – by displaying his trophies to the court – that he actively participates in and organises team sports at Beon Jail. To achieve this as a remandee is unprecedented. He has also conducted a Bible Marking course in the jail, led daily fellowships, arranged baptisms and established a church ministry in the jail. He and many others have suffered a lot already. He was thrown into the dark cells at Buimo Jail after his arrest, for no good reasons. He has suffered a lot already through the prolonged separation from his wife and child. They were looking after ten homeless youths in their house in Lae who have scattered since his arrest, due to his wife being forced to go to Port Moresby to live with her parents. He asked the court to take into account the limited role he played in the robbery. He asked for the mercy of the court by being given a non-custodial sentence.

Age : 37
Origin : Pam, Balopa, Manus
Upbringing : Rabaul, Goroka
Marital status : Married
Dependants : 1 child
Family : Father deceased, mother alive, 7 siblings
Education : Grade 12, Kabiufa HS
Employment : Salesman, SP Brewery etc
Occupation : Self-employed businessman
Health : Healthy
Religion : Seventh-Day Adventist

181. Reuben Micah was a prominent figure in the SDA Church, as Youth Co-ordinator, in Lae, at the time of his arrest. Written statements attesting to his strong leadership qualities and to his active involvement in numerous church and community programs have been provided by the Youth Leader of Four Mile SDA Church; Pastor Geoffrey Pomaleu, President of the Morobe Mission of the SDA Church; Pastor Chesley Avou, General Secretary of the Madang and Manus Office of the SDA Church; Pastor Joses Peter of the Madang Manus Mission of the SDA Church; Elder Max Bro of the Belna SDA Church, Madang. His qualities as a community leader are regarded highly by Mr B Maipa, Deputy Lord Mayor, Lae Urban LLG, and as a sales and marketing adviser by Mr Rex Haga, Managing Director of Madang South Tours.

182. He has strong support from his family in Manus. His brother is President of Balopa LLG. The family is finding it difficult to comprehend how Reuben could have got involved in crime. His mother has been distraught. But the family remains loyal to him and will help in any way possible and plead that he be given a lenient sentence. Character reports by Chief Inspector Tita Wada and Mr Patrick Semera of Beon Jail, state that in the time Reuben has spent there he has integrated well with other detainees and warders and is a positive influence on other detainees as he is a spiritual leader.

183. The full extent of the role played by Reuben Micah in planning and implementation of the robbery is not known. It did not emerge in evidence, and he was convicted on circumstantial evidence (see para 336 of the judgment on verdict). It is clear, however, that he played an important role in preparations for the robbery as he was with principal offender William Nanua Kapris and others in the two-week period leading up to the robbery. He organised transport to Madang and was himself in Madang on the weekend of the robbery doing various things to assist those who directly committed the robbery. He has no criminal record. He has a very good community record. Commission of the offence is totally out of character. He is not a serious threat to the community. His role was more significant than some of his co-offenders, however. I allocate a sentence of 12 years imprisonment.

184. It follows from the finding as to the nature of his role in the robbery that he had a significant role in the conspiracy. I allocate a sentence of 5 years imprisonment.

186. I will take the same approach as for other offenders: the sentences for armed robbery and conspiracy will be served concurrently. The total potential sentence is 12 years imprisonment.

187. The totality principle does not apply in this case as both sentences will be served concurrently. It is not appropriate to consider any reduction of the head sentence. The total head sentence will be 12 years imprisonment.

188. I decide under Section 3(2) of the Criminal Justice (Sentences) Act that there will be deducted from the term of imprisonment the whole of the pre-sentence period in custody, which is 2 years, 10 months, 1 week.

189. He has a good pre-sentence report, which shows that he is suitable for probation. His sound community record deserves recognition. His genuine concern for the welfare of his wife and child, combined with his exemplary conduct as a detainee at Beon Jail, mean that it is appropriate to partially suspend the sentence. Like all of the offenders he has asked for the balance of his sentence to be suspended. The seriousness of the offences of which he has been convicted make that inappropriate. Four years of the sentence will be suspended.

190. The offender has asked to remain at Beon Correctional Institution, where he has come to assume an important role in maintaining order and harmony. This request is not opposed by the State so I will sign a warrant of commitment to that effect.

193. She thanked the court and the lawyers for their time and commitment. She apologised to BSP, its management and staff, in particular the hostages. She apologised to the country and its people and to her family and friends, in particular her children and her widowed mother, and to her co-offenders. She comes from a good family but her father died in 2005 and her husband left her, leaving her without support to care for their three children. She has since had another child, a girl, born when she was in custody at Bomana Jail in 2009. She only became involved in the events that have led to her being in custody out of concern for the welfare of her children. She has three daughters and one son. Her last-born is with her now but she is worried that the Correctional Service will soon have her taken away, as there is supposed to be an age limit on children who are in custody with their mothers. She alleged that when she was arrested by the police in Port Moresby she was pregnant but was terrorised by three police officers who threatened to rape and kill her and who bashed her and broke her leg, which has caused her a permanent disability. She has never been charged with an offence before. This is the first and last time. She is not a threat to the community. She has realised her mistake. She promises never to do anything of a similar nature again. She asked the court to take into account that she has been the victim of police brutality. She asked for the mercy of the court by being given a reasonable term to serve so that she soon is reunited with all her children and her mother.

Age : 27
Origin : Siviri, Kerema, Gulf Province
Upbringing : Port Moresby and Lae
Marital status : Single
Dependants : 4 children
Family : Father deceased, mother alive, 4 siblings
Education : Grade 12, Certificate in Computing
Employment : Brief employment with Gateway Hotel, POM
Occupation : Clerical assistant
Health : Permanent 15% disability, lower leg
Religion : Jehovah's Witness

194. Isabella Kivare's main concern is her children. Two are with her sister, Drusilla Jonah in Lae (but Drusilla is unemployed and has four children of her own to look after), one is believed to be in Port Moresby (it is unclear who is the carer) and the youngest is with Isabella at Beon Jail (but Isabella is concerned that this child, now over two years old, might be taken away from her). Statements by Drusilla Jonah and Joyce Sindo, a cousin-sister of the offender living in Madang, urge the court to consider the welfare of the offender's children, all of whom need their mother. A medical report by Dr Jerzy Kuzma, Consultant Surgeon, Modilon General Hospital, supports what Isabella says about partial loss of mobility caused by a broken leg. She recently underwent surgery for this problem. Good character references, attesting to the positive impact she has had on the female prison population at Beon Jail, have been provided by Correctional Officer Helen Wagera and Chief Inspector Tita Wada, of Beon Jail.

195. The full extent of the role played by Isabella Kivare in planning and implementation of the robbery is not known. It did not emerge in evidence, and she was convicted on circumstantial evidence (see para 341 of the judgment on verdict). Though she was convicted of receiving stolen property, the amount of money that was in her hands was not large. Her role must therefore be properly regarded as minor. She has no criminal record. She is not a serious threat to the community. She must be given credit for the way in which she has conducted herself while in custody. I allocate a sentence of 8 years imprisonment.

196. It follows from the finding as to the nature of her role in the robbery that she had a relatively minor role in the conspiracy. I allocate a sentence of 4 years imprisonment.

197. She was convicted of this offence on the strength of receiving K1,000.00 cash, part of the proceeds of the robbery. Given that the 4th offender, Johnny Gumaira, was given a sentence of 10 years for having received K134,100.00 and that the 7th offender, Joyce Maima was given a sentence of 4 years for having received K4,600.00 it is appropriate that Isabella receive a lesser sentence. However, the seriousness of the crime that led to having the stolen property in her possession mean that the appropriate sentence is not just a reflection of how much money she received. She has committed a serious offence. The appropriate sentence is 3 years imprisonment.

199. I will take the same approach as for the other offenders, Johnny Gumaira and Joyce Maima, who were convicted, in addition to other offences, of receiving stolen property. The armed robbery and conspiracy sentences will be concurrent with the receiving stolen property sentence. The total potential sentence is therefore 8 years imprisonment.

200. The totality principle does not apply in this case as all three sentences will be served concurrently. It is not appropriate to consider any reduction of the head sentence. The total head sentence will be 8 years imprisonment.

201. I decide under Section 3(2) of the Criminal Justice (Sentences) Act that there will be deducted from the term of imprisonment the whole of the pre-sentence period in custody, which is 2 years, 10 months.

202. She has a good pre-sentence report, which shows that she is suitable for probation. Her good record as a detainee should be recognised. Her poor health, combined with the genuine concern for the welfare of her young children, mean that it is appropriate to partially suspend the sentence. Like all of the offenders she has asked for the balance of her sentence to be suspended. The seriousness of the offences of which she has been convicted make that inappropriate. Four years of the sentence will be suspended.

203. The offender has asked to remain at Beon Correctional Institution, where she is highly regarded by both the correctional staff and fellow detainees. However, Mr Kaluwin points out that she has been charged with another offence, the trial of which is expected to be held in Waigani. The State's position is reasonable. The offender has some of her family in Port Moresby, so for present purposes, her application to be detained at Beon will be refused. I will order that she be transferred to Bomana Correctional Institution, National Capital District.

206. He respects the decision of the court. He apologised to the staff of BSP, especially to the bank manager and other staff and their family members, to the people of Madang and the People of PNG. However, he maintained his innocence. He had no knowledge of any plan to commit a robbery in Madang and he did not come to Madang. Everyone in Kimbe knew the name William Kapris. He knew the name too but he did not know what the person looked like so when this man who called himself Justin came to him to hire his boat to take him to Lae he agreed as that is what he does for a living: he is a boat operator. If he had known that Justin was really William Kapris he would have been too scared to take him. He feels that he has already been punished severely for his accidental involvement in the criminal activities of others. He spent a year in solitary confinement at Bomana. He was forced to sleep with his own excreta and urine. That place is Hell. He is not a threat to the community. He is a villager, trying to make an honest living. This is his first and last time to appear in court. He asked for the mercy of the court by being given a non-custodial sentence.

Age : 34
Origin : Muliagani, West Kove, WNB
Upbringing : Village
Marital status : Married
Dependants : 1 child
Family : Mother deceased, father alive, 4 siblings
Education : Grade 6, Kikivia Primary School, Kandrian
Employment : Boat operator
Occupation : Self-employed boat-operator
Health : Sound
Religion : Seventh-Day Adventist

207. Elvis Bala Aka is a highly regarded boat operator in West New Britain. He has never been in trouble with the law before. He is regarded as an honest, quiet person of sober habits who keeps the peace and minds his own business. Written statements attesting to his strong personal qualities have been provided by Mr Francis Auram, Deputy Governor of West New Britain; Mr Norman Vakore, Deputy Director of District Health Services, WNB Provincial Administration; Mr John Case, Head Teacher, Harrison SDA Primary School, Kimbe; Mr Voghi Mota, WNB Youth Co-ordinator, SDA Church; the leaders of Kimbe Urban Village Court; village leaders of Muliagani; and Mr Bernard Kava, Vice-President of Kaliai-Kove LLG. All express shock at news of Elvis's involvement in any criminal activity, which is completely out of character. A character report by Chief Inspector Tita Wada of Beon Jail states that in the time Elvis has spent there he has integrated well with other detainees and warders and is actively involved in sport and church activities.

208. The full extent of the role played by Elvis Bala Aka in planning and implementation of the robbery is not known. It did not emerge in evidence, and he was convicted on circumstantial evidence (see para 346 of the judgment on verdict). Unlike most other offenders he has maintained his innocence in his allocutus, which is his right. However, that has no effect on his conviction. As skipper of the boat that brought the principal offender, William Nanua Kapris, to Lae before the robbery, and that was used to travel from Lae to Central Province after the robbery, he played an important role in what happened. He has no criminal record. He has a very good community record. He is not a serious threat to the community. I allocate a sentence of 8 years imprisonment.

209. It follows from the finding as to the nature of his role in the robbery that he had a relatively minor role in the conspiracy. I allocate a sentence of 4 years imprisonment.

211. I will take the same approach as for other offenders: the sentences for armed robbery and conspiracy will be served concurrently. The total potential sentence is 8 years imprisonment.

212. The totality principle does not apply in this case as both will be served concurrently. It is not appropriate to consider any reduction of the head sentence. The total head sentence will be 8 years imprisonment.

213. I decide under Section 3(2) of the Criminal Justice (Sentences) Act that there will be deducted from the term of imprisonment the whole of the pre-sentence period in custody, which is 2 years, 10 months.

214. He has a good pre-sentence report, which shows that he is suitable for probation. His sound community record deserves recognition. His claim about being held in solitary confinement for a year at Bomana Jail is unquestioned; on the face of it, that was in breach of his human rights and merits some suspension of the sentence. Four years of the sentence will be suspended.

215. The offender has asked to be transferred to Lakiemata Correctional Institution, West New Britain Province, which is the closest jail to the place where most of his relatives reside. This request is not opposed by the State so I will sign a warrant of commitment to that effect.

218. He apologised to God and to the court. He apologised to the management and staff of BSP Madang, especially to the bank manager and other staff and their family members who were kidnapped. He apologised to all of BSP's clients, to the people of Madang and the People of PNG. He said sorry to his family and to the people of his home province, Chimbu and to the members of the Cassowary Road community in Lae. His main concern is for the welfare of his wife and two children, so he asks for a sentence that is not too lengthy so that he can go back and look after them. His wife is not employed and they are struggling through misery without him. He asked the court to take into account that he has involved himself in church activities while at Beon Jail. The abuse of his human rights by the police has been documented in the court's decisions in the course of the trial, so this unlawful punishment that was given to him should count in his favour. He asked for the mercy of the court by being given a non-custodial sentence.

Age : 30
Origin : Kiroli, Chimbu Province
Upbringing : Lae
Marital status : Married
Dependants : 2 children
Family : Mother deceased, father alive, 3 siblings
Education : Grade 10, Kainantu HS
Employment : No formal employment
Occupation : Informal sector
Health : Sound
Religion : Anglican

219. Peter Allan Popo's wife, Bridgit Opu, is unemployed and she is struggling financially and emotionally as she has two young children to raise in the absence of their father. She is loyal to her husband who, despite his surprising involvement in this crime, is not a troublemaker. He is a good person and she says that neither he nor the children have benefited from the robbery. Father William Moreba, East Taraka Anglican Church, speaks highly of the offender, who is a great musician and active church member. Fr Moreba is willing to work with him if he is given a non-custodial sentence by providing spiritual counselling and moral support. A character report by Chief Inspector Tita Wada, Acting Commanding Officer, Beon Jail, states that in the time Peter has spent there he has integrated well with other detainees and warders. He is regarded as a person of integrity and keeps the peace and participates in sport and church activities.

220. Peter Allan Popo played a critical role in implementation of the robbery as he travelled with other offenders from Lae to Madang for the purposes of the robbery and he was one of the armed guards keeping watch over the hostages at Malolo Lodge (see para 350 of the judgment on verdict).

221. He has no criminal record, however the sentence must reflect the major role he played in the commission of a very serious offence. I allocate a sentence of 12 years imprisonment.

222. He was not the chief planner of the armed robbery but the prominence of his role warrants a sentence near the maximum: 5 years imprisonment.

223. He was at Malolo Lodge, keeping watch over the hostages. He should receive the same sentences as William for these offences. Thus:

224. For the same reasons as for the kidnapping offences he will receive the same sentences as William. Thus:

225. He received at least K28,733.00 cash. Comparing this case to other sentences that have been imposed for this offence (see The State v Jelio Yawi (2009) N3631) I allocate a sentence of 7 years imprisonment.

227. I will take a similar approach as for William's sentences. The armed robbery and conspiracy offences are concurrent; the kidnapping and unlawful deprivation of liberty offences are concurrent; the two groups of sentences are cumulative to each other. As for the receiving stolen property sentence, I take into account that when the indictment under which this charge was presented, Mr Kaluwin indicated that the charge was an alternative to the armed robbery and conspiracy charges that were presented under the first indictment. Therefore this sentence should be served concurrently with the sentences for armed robbery and conspiracy. The total potential sentence, subject to the totality principle, is therefore:

228. Sentencing this young man to a 108-year sentence would be tantamount to imposing a life sentence. It would be crushing and excessive. Looking at the totality of his criminal conduct and the nature of the role he played and because he has no prior convictions he must get a lighter sentence than some of his co-offenders. I have decided under the totality principle to reduce the total head sentence considerably.

229. The total head sentence will be 12 years imprisonment, apportioned as follows:

230. I decide under Section 3(2) of the Criminal Justice (Sentences) Act that there will be deducted from the term of imprisonment the whole of the pre-sentence period in custody, which is 2 years, 10 months, 2 weeks.

231. He has a good pre-sentence report, which shows that he is suitable for probation. He has had his human rights seriously breached on more than one occasion. I will allow a partial suspension, of 3 years.

232. The offender has asked to remain at Beon Correctional Institution, where he has come to assume an important role in maintaining order and harmony. This request is not opposed by the State so I will sign a warrant of commitment to that effect.

233. For those offenders who have received a partially suspended sentence, the following conditions will apply to the suspended part of the sentence. The offender:

234. Where the court is ordering that the place of custody of the offender is a correctional institution other than Beon, the time and method of transfer is at the discretion of the Commissioner of the Correctional Service, provided that the transfer is effected within three months after the date of sentence.

No	Name	Total head sentence	Pre-sentence period deducted	Resultant length of sentence to be served	Amount of sentence suspended	Time to be served in custody	Place of custody (CI)
1	William Nanua Kapris	30 years	Nil	30 years	Nil	30 years	Bomana
2	Jacob Peningi Okimbari	15 years	1 year	14 years	3 years	11 years	Beon
3	Collin Masilo	10 years	1 year, 2 months	8 years, 10 months	3 years	5 years, 10 months	Beon
4	Johnny Gumaira	12 years	2 years, 9 m, 1 w	9 years, 2 m, 3 w	3 years	6 years, 2 m, 3 w	Bomana
5	Damien Inanei	10 years	2 years, 10 m, 2 w	7 years, 1 m, 2 w	4 years	3 years, 1 m, 2 w	Beon
6	Kito Aso	12 years	2 years, 9 months	9 years, 3 months	Nil	9 years, 3 months	Lakiemata
7	Joyce Maima	10 years	2 years, 8 months	7 years, 4 months	4 years	3 years, 4 months	Beon
8	Bobby Selan	10 years	2 years, 7 m, 2 w	7 years, 4 m, 2 w	3 years	4 years, 4 m, 2 w	Beon
9	Reuben Micah	12 years	2 years, 10 m, 1 w	9 years, 1 m, 3 w	4 years	5 years, 1 m, 3 w	Beon
10	Isabella Kivare	8 years	2 years, 10 months	5 years, 2 months	4 years	1 year, 2 months	Bomana
11	Elvis Bala Aka	8 years	2 years, 10 months	5 years, 2 months	4 years	1 year, 2 months	Lakiemata
12	Peter Allan Popo	12 years	2 years, 10 m, 2 w	9 years, 1 m, 2 w	3 years	6 years, 1 m, 2 w	Beon

Public Prosecutor: Lawyer for the State
Public Solicitor: Lawyer for the 1st offender
Public Solicitor: Lawyer for the 2nd, 6th, 10th & 11th offenders
Public Solicitor: Lawyer for the 3rd, 4th, 5th & 12th offenders
Daniels & Associates: Lawyers for the 7th, 8th & 9th offenders

No	Offence	Court imposing sentence	Date of sentence	Length of sentence
1	Escape from lawful custody	Kimbe District Court	29.01.97	4 months
2	Rape (2 counts)	National Court, Kimbe	14.11.97	15 years
3	Attempted murder	National Court, Kimbe	22.05.98	20 years
4	Unlawful assault	Kimbe District Court	29.05.98	4 weeks
5	Escape from lawful custody	Kimbe District Court	01.02.99	3 months
6	Unlawful assault	Kimbe District Court	05.10.00	12 months

No of offences	Offence	Potential sentence: years
1	Armed robbery	25
1	Conspiracy	7
13	Kidnapping for ransom	96
14	Unlawful deprivation of liberty	33
29	Total	161 years imprisonment

No of offences	Offence	Potential sentence: years
1	Armed robbery	20
1	Conspiracy	5
13	Kidnapping for ransom	96
14	Unlawful deprivation of liberty	33
29	Total	154 years imprisonment

No of offences	Offence	Potential sentence: years
1	Armed robbery	10
1	Conspiracy	4
13	Kidnapping for ransom	57
14	Unlawful deprivation of liberty	19
29	Total	90 years imprisonment

No of offences	Offence	Potential sentence: years
1	Armed robbery	12
1	Conspiracy	4
13	Kidnapping for ransom	57
14	Unlawful deprivation of liberty	19
1	Receiving stolen property	10
30	Total	102 years imprisonment

No	Name of offender	Total head sentence	Pre-sentence period to be deducted	Resultant length of sentence to be served	Amount of sentence suspended	Time to be served in custody	Place of custody

National Court of Papua New Guinea

State v Kapris [2011] PGNC 51; N4305 (19 May 2011)