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State v Nande [2019] PGNC 355; N8049 (16 August 2019)

N8049

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR No. 662 OF 2018

THE STATE

V

JUNIOR PAUL NANDE

Waigani: Koeget, J
2019: 21^st August

CRIMINAL LAW- Indictable offence – Armed robbery pursuant to section 386(1), (2)(a)(b) of the Code – No Case To Answer Submission made pursuant to principles in State –v- Paul Kundi Rape and State –v- Roka Pep No (2) – No evidence connecting the accused to the offence charged – Accused is entitle to an acquittal.

FACT

On the afternoon of 10^th November, 2017 between 12 midday and 12:30 the complainant Ronaldo Velasquez Gulapa went to the Bank South Pacific Ltd Port Moresby branch to do banking for his employer.

He went outside to his motor vehicle after he finished banking and drove to Gaming Board office located in Mogoru Motor Haus down town.
As he parked his motor vehicle in front of Steamships building, the accused Junior Paul Nande armed with a factory made pistol and in company of others held up and robbed him and stole his two mobile phones valued at K730.00 and cash in the sum of K2,000.00.

Some bystanders alerted the police unit patrolling the streets responded immediately and apprehended the accused and others and took them to town police station where they were charged with the offence of robbery.

Held

There is absolutely no evidence connecting the accused to the offence charged. He has no case to answer and he is entitled to an acquittal.

Cases Cited

Nil

Counsel:

Ms T. Aihi and Mr R. Galama, for the State
Ms A. Peter, for the Accused

TRIAL

21^st August, 2019

1. KOEGET J: INTRODUCTION: The accused is charged with one count of Armed Robbery pursuant to section 386(1), (2)(a) (b) of the Criminal Code Act. He accused was in company of another at the time of commission of the offence so State invoked section 7(1) (a) of the Code.

2. On the afternoon of 10^th November 2017, between 12 midday and 12:30 the complainant went to Bank South Pacific Lt Port Moresby branch to do banking for his employer. When he finished from the bank, he returned to his motor vehicle and drove to Gaming Board office at Mogoru Moto Haus located along Champion Parade.

3. As he parked his vehicle in front of the Steamships building and went out, the accused armed with a factory made pistol and in company of others held him up and stole two mobile phones valued at K730.00, cash of K2,000.00 and motor vehicle keys. The robbers all had dark skin complexion and were complete strangers to him.

4. He attended the Town police station and gave similar account to the policemen on duty then. Sometime later, a police vehicle arrived at the station with the accused and others and the complainant does not know where they were apprehended.

5. He did not identify any of those persons the police took to the station in their vehicle.

6. In court, he was not able to identify anyone at all. So the State closed its case.

7. The learned Defence counsel made a No Case to Answer Submission on the basis that there was absolutely no evidence in the trial connecting the accused to the offence charge.

8. In my view, the evidence so far adduced by the State in the trial does not support essential elements of the offence and thus, the accused cannot reasonably be convicted.

9. Therefore, accused has no case to answer and he is discharged from the indictment forthwith. He is to be released from Bomana Corrective Institution Services immediately.

ORDER

(1) The accused is discharged from custody forthwith.

Accordingly ordered.
______________________________________________________________
Public Prosecutor: Lawyer for the State
Public Solicitor: Lawyer for the Accused