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State v Ikoro [2017] PGNC 178; N6827 (21 June 2017)

N6827

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR NO. 1041 of 2015 and
CR NO. 1042 of 2015

THE STATE

V
RICKY IKORO AND KEVIN OREBUT

Popondetta: Koeget, AJ
2017: 15^th and 21^st, June.

CRIMINAL LAW - Indictable offence – stealing under section 372 of the Criminal Code Act – Maximum sentence under the Act – exercise of Court’s discretionary powers under section 19 of the Criminal Code Act.

Counsel:

L. Toke, for the State
E. Yavisa and C. Namono, for the Accuseds.

21^st June; 2017

1. KOEGET, AJ: INTRODUCTION: The accuseds are charged, that on the night of 22^nd day of February, 2015 at Sorovi community centre, stole from a trade store owned and operated by Levi Binjari assorted store goods, cash and some personal items all valued at K9,481.90.
   
2. The properties stolen belong to Levi Binjari of Sorovi Community Centre in the Oro Province. The charge is brought pursuant to section 372(1) of the Criminal Code Act and the State invoked section 7 of the Criminal Code Act.
   

FACTS:

3. On 22^nd of February, 2015 at about 3’oclock in the morning the accuseds entered a trade store owned and operated by Levi Binjari at Sorovi Community Centre in the Oro Province, stole assorted store goods, cash and personal items valued at K9,418.90 the property of Levi Binjari.
   

ARRAIGNMENT:

4. The accuseds pleaded guilty to the charge so both were convicted accordingly.

ISSUE:

5. The issue for the Court is what is the appropriate sentence to impose upon the prisoners?
   

LAW:

“372. Stealing.

(1) Any person who steals anything capable of being stolen is guilty of a crime.

Penalty: Subject to this section, imprisonment for a term not exceeding three years.”

PERSONAL PARTICULARS:

Ricky Ikoro

6. He was 18 years at the time he committed the offence but he is now 20 years of age and is a bachelor. He attended Popondetta Secondary School and was in Grade 9 when he committed the offence.
   

AGGRAVATING FACTORS:
The offence was committed in the company of another person at night and the goods stolen have not been returned to the owner.

MITIGATING FACTORS:

7. He is a first time youthful offender. He has pleaded guilty to the charge and saved valuable time of Court. He is remorseful and regrets what he did was a foolish thing. He co-operated well with the police and also pleaded guilty in court.
   

Kevin Orebut
PERSONAL PARTICULARS:

8. He was 20 years old when he committed the offence but is now 22 years old and is a bachelor.
   
9. He was in Grade 10 at Tusbab High School in Madang Province when arrested by the police for the offence committed in Oro Province.
   

AGGRAVATING FACTORS:

10. The offence was committed at night in the company of another person. The goods stolen were not recovered.

MITIGATING FACTORS:

11. He pleaded guilty to the charge and saved valuable time of this Court. He is a first time youthful offender. He co-operated well with the police and is remorseful.
    
12. The prisoners have been in custody awaiting disposal of this case for 2 years, 4 months.
    

SENTENCE:

13. The maximum sentence for such an offence under the Criminal Code Act is an imprisonment term not exceeding 3 years.
    
14. The prisoners have spent 2 years and 3 months in custody awaiting disposal of this case. They have almost served the maximum sentence as prescribed under section 372 of the Criminal Code Act.
    
15. The prisoners are first time youthful offenders and in view of these factors the prisoners have been punished for the crime they committed. An imposition of further custodial sentences will in my opinion be harsh.
    
16. So the prisoners are sentenced to 2 years and 3 months. The pre-trial custodial period of 2 years and 3 months are substituted for the sentences.
    

ORDERS:

(1) The prisoners are to be discharged from Biru Corrective Institute Services forthwith.

________________________________________________________________
Public Prosecutor : Lawyer for the State
Public Solicitor : Lawyer for the Accused