N7511

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR No. 212 of 2018

THE STATE

V

KINGSLEY BEGE

Daru: Koeget, J
2018: 21st July

CRIMINAL LAW -  Indictable offence – section 372 (7) (a) of the Criminal Code Act chapter 261 – guilty plea – sentence lenient in circumstances of the case, sentence wholly suspended – prisoner promise to Keep peace and be on Good Behaviour Bond for fixed period – Court’s discretionary power under section 19 of the Code.

FACTS

On the night of 10th of March 2018 between 9 o’clock and 10 o’clock the accused Kingsley Bege entered New Century Home Centre by climbing over the perimeter fence.  He took out five rolls of chicken wire and five rolls of fly wire and threw them outside the fence to a location where accomplices were waiting on the ground.

The security guard on duty apprehended the accused and escorted him outside of the Home Centre premises.  In the meantime, the accomplices stole the rolls of wire and disappeared.  The total values of the goods stolen was K1,494.50.

The matter was reported to the police so the accused was arrested and charged with the offence of stealing.
The accused pleaded guilty to the charge and so he was convicted accordingly.

Cases Cited:		

Nil

Counsel:	
D. Mark, for the State
I. Paelea, for the Accused.

21st July, 2018

1.	KOEGET, J INTRODUCTION: The accused is charged with one count of stealing chicken wire and fly wire pursuant to section 372 (7)(a) of the Criminal Code Act chapter 262.

ISSUE

2.	The issue to be determined is what is the appropriate sentence the court should impose upon the prisoner.

LAW

3.	Section 372A.  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.
 
(7)	If the offender is a clerk or servant, and the thing stolen -
(a)	is the property of the employer; 
he is liable to imprisonment for a term not exceeding seven years.”

PERSONAL PARTICULARS

4.	The prisoner is 34 years of age and is married with five children.  The ages of children range from 3 years the youngest to 16 years the eldest.  He attended Daru Chalmers Primary School and completed grade 6 and returned to reside with his parents.  He has resided in Daru for 28 years.

AGGRAVATING FACTORS

5.	The prisoner was in a position of trust but abused it when he committed the offence.  Such offence is prevalent in the country.  The company suffered loss of profit because the goods stolen were never recovered by the police.

MITIGATING FACTORS

6.	The prisoner is a first time offender.  He cooperated well with the police and admitted the commission of the offence during the record of interview. He pleaded guilty to the charge and saved valuable time of court.  

7.	He expressed remorse, particularly during the allocatus where he stated that what he did was foolish thing and as a result he lost employment and brought shame, embarrassment upon himself and the entire family.

8.	He has spent 3 months in custody awaiting disposal of the case before being released on cash bail of K500.00.  He appears from cash bail of K500.00.

9.	The pre-sentence report requested by the Defence Counsel and prepared by the Probation officer states that the prisoner is a suitable candidate for probation but the Means Assessment Report is shallow as it does not provide to the court the plan, and means (method) of how he will generate income to repay the full value of the goods stolen.

10.	He does not have good education and so can not obtain other jobs easily and none of his family members are employed.

SENTENCE

11.	The maximum sentence for such offence is an imprisonment term not exceeding seven years.  This is not a worse type of stealing case so the maximum sentence will not be imposed as I consider it as inappropriate in the given circumstances of the case.

12.	In the exercise of the court’s discretionary powers under section 19 of the Criminal Code Act, a lesser sentence is to be imposed.

13.	The prisoner is sentenced to 12 months in hard labour.  The pre-trial custodial period of 3 months is deducted and the balance of 9 months is wholly suspended on the following conditions that the prisoner promise to keep peace and Good Behaviour Bond for 9 months. 
 
14.	Should the prisoner breach this condition, he shall be brought to court to be dealt with the suspended portion of the sentence.

ORDER

(1)	The prisoner’s bail money is converted to repaying the value of the goods stolen.

Ordered accordingly.
________________________________________________________________
Public Prosecutor: Lawyers for State
Public Solicitor:	 Lawyers of Accused