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State v Morris [2017] PGNC 393; N7171 (14 September 2017)

N7171

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR No. 1042 OF 2017
CR No. 1043 OF 2017
CR No. 1044 OF 2017

THE STATE

V

JOHN MORRIS

THE STATE

V

NIAMIA AWAU

THE STATE

V

SIOSI NITO

Daru : Koeget, AJ
2017: 12, 14 September

CRIMINAL LAW - Indictable offence – robbery under section 386 of the Criminal Code Act chapter 262 – plea – sentence - Maximum - Discretion under section 19 of Criminal Code Act.

Facts
On 17^th of March, 2017 at about 6:30 pm, the victim Malawato Greg Bani and her two teenage daughters were walking along Murray road in Daru town.

At the location in front of the Education Office, the three accuseds confronted the victims. The accused John Morris held up the victim, Malawato Greg Bani with a knife and a struggle ensured when he attempted to snatch the handbag. Another accused intervened and hit the victim on the head with a stone causing her to loose conscious. The accused John Morris fled the scene with the handbag with its contents.

The other two accuseds grabbed the shopping bags and food stuff from the daughters then fled the scene as well.

In the handbag belonging to Malawato Greg Bani was cash totalling K650.00 which the three accuseds shared and used it to purchase alcohol. They consumed alcohol and at about 8 o’clock in the night, John Morris went to the BSP, Daru Branch ATM and withdrew the sum of K220.00 from the account of Malawato Greg Bani by swiping the Kundu Saver Card he stole from the victim.

The sum of K220.00 was used to purchase more alcohol which all accuseds drank. The accuseds were located and apprehended by the police and charged.

Cases Cited:

Gimble –v- The State [1988-89] PNGLR 271; SC 369

Counsels:

D. Mark, for the State
W. Dickson, for the Accused

14^th September, 2017

1. KOEGET AJ: INTRODUCTION: The accuseds John Morris, Niamia Awau and Siosi Nito are charged with one count of armed robbery pursuant to section 386(1) (2) of the Criminal Code Act chapter 262.

2. The accused John Morris alone is charged with stealing pursuant to section 372(1) of the Criminal Code Act chapter 262. This count arose from the same set of facts as the first count.

ARRAIGNMENT

3. The three accuseds pleaded guilty to the charge of robbery so they were convicted accordingly.

4. The accused, John Morris alone was charged with stealing and he pleaded guilty to the charge. So he was convicted accordingly as well on the count of stealing.

ISSUES

5. The issues for the court to determine are:

(1) What is the appropriate sentence the court should impose upon the prisoners on the charge of robbery?
(2) What is the appropriate sentence the Court should impose upon the prisoner, John Morris on the charge of stealing?
(3) Whether the conviction on stealing should be served concurrently or cumulatively upon the sentence for robbery?

LAW

6. Section 386. The offence of robbery.

(1) A person who commits robbery is guilty of a crime.

Penalty: Subject to subsection (2), imprisonment for a term not exceeding 14 years.”

“Section 372. Stealing.

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

Penalty: Subject to this section, imprisonment not exceeding 3 years.”

PERSONAL PARTICULARS

John Morris

7. He is 19 years of age and is a bachelor. He is from Torobina No. 2 village in the Middle Fly District of the Western Province.

Niamia Awau

8. He is 17 years of age and is a bachelor. He is from Torobina No. 2 village in the Middle Fly District of the Western Province.

Siosi Nito

9. He is 16 years of age and is from Torobina No. 2 village in the Middle Fly District of the Western Province.

AGGRAVATING FACTORS

10. This was an arm robbery in public place within full view of other people. A knife was used in the commission of the offence and the goods with cash stolen had not been returned to the owner. The victims were terrified when held up by the prisoners. The prisoners planned the offence and effected it upon the innocent family returning home from shopping in the stores.

MITIGATING FACTORS

11. The prisoners plead guilty to the charge (robbery) and saved valuable time of the Court. They admitted commission of the offence to the police when interviewed by the police. There are admissions in the respective records of interviews with the police investigators.

12. The prisoner John Morris pleaded guilty to the charge of stealing. He cooperated well with the police when interviewed with regard to the offence of stealing. There are admissions in the record of interview with the police.

SENTENCE

13. The offence of robbery was committed along the public street in Daru during daytime within full view of other people. A knife and other objects such as stones and sticks were used in the hold-up. The goods stolen have not been recovered.

14. They stole from unsuspecting victims without fear and shame. They now plead for leniency in Court. Such an offence is prevalent in the country and may be the first reported on Daru Island.

15. Such offences are committed in communities in the country including Daru by youths of similar ages under the influence of alcohol and illicit drugs. The offence was planned and all set out to effect the plan so the prisoners acted in concert and fled to their houses at Giwari Corner on Daru Island. The maximum sentence is an imprisonment for life. Both counsel referred me to the case of Gimble –v- The State [1988-89] PNGLR 271, SC 369.

16. The suggested tariff for such an offence is imprisonment term commencing at 3 years in hard labour. This is an aggravated robbery by first time offenders. The prisoners planned the robbery and waited for victims until they sighted the victims and effected the hold-up when there were no bystanders nearby. These factors makes it serious and in my view warrants imprisonment sentence higher than 3 years.

17. The three prisoners are sentenced to be imprisoned for 7 years in hard labour.

18. They have been in custody for 6 months awaiting disposal of the case. So the pre-trial custodial period is deducted. The balance of 6 years and 6 months are to be served at Daru Corrective Institution Services.

John Morris

19. The prisoner John Morris is sentenced to be imprisoned for period of 2 years in hard labour. The sentence of 2 years is to be served concurrently upon the sentence of 7 years as the offence is closely related in time to the offence of robbery.
______________________________________________________________
Public Prosecutor: Lawyer for the State
Public Solicitor: Lawyer for the Accused