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State v Boas [2021] PGNC 600; N9450 (24 March 2021)

N9450

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR NO. 07 OF 2021

THE STATE

-V-

JERRY JUNIOR BOAS

Alotau: Koeget, J
2021: 18^th, 24^th March

CRIMINAL LAW – prisoner charged for escaping from lawful custody while serving prison term for the offence of murder – guilty plea – prisoner’s mitigating and aggravating factors considered – prevalent offence – prisoner sentenced to the rising of the court

Cases Cited
The State v James Elias (2020) N8393
The State v Kaguwa Tanamo (2005) N2041

Counsel
L. Rangan, for the State
N Wallis, for the Accused

24^th March, 2021

1. KOEGET. J, INTRODUCTION: The accused is charge with one count of Escaping from lawful custody on 01^st of November 2018. At that time he was serving an imprisonment term imposed by the Alotau National Court on the charge of Murder pursuant to Section 300 of the Criminal Code Act Chapter 262.
   

Facts

2. On the 21^st of November 2014, the accused was convicted on the charge of Murder and the Alotau National Court sentenced him to prison for fifteen (15) years in hard labour. The pre-trial custodial period of two years, eleven months and 22 days were ordered to be deducted from the head sentence. He was ordered to serve the balance of 13 years, 1 month and 8 days at Giligili Jail. He served three years, eleven months and twenty-two days before the escape from lawful custody on 01^st of November 2018. On 24^th November 2018, he voluntarily surrendered to the Correctional Officers at Giligili Jail.
   

The State alleged that his actions contravened Section 139 of the Criminal Code Act Chapter 262.

Issue

3. The accused pleaded guilty to the charge and was convicted on his own admission. The issue for the Court to determine is what is the appropriate sentence the Court should impose upon him.
   

Personal Particulars

4. He is 33 years of age and is a bachelor. He is from Wagawaga village, Alotau in the Milne Bay Province. He belongs to the United Church religious denomination. He completed grade 5 at Goilanai Primary School and returned home to live as a subsistence gardener.
   

Aggravating Factors

5. The State used its resources to locate the prisoner. It also incurred expenses to search for him. Such offence is prevalent in the country.
   

Mitigating Factors

6. He walked to Giligili Jail and voluntarily surrendered to the Correctional Officers on duty. In Court he pleaded guilty to the charge and saved valuable time of the Court. No damages were caused when he escaped from custody. He simply walked away from the work party and went into the bush without being sighted by the prison warders.
   

Sentence

7. He was on work party when he walked away into the bush. He was at large for sometimes but returned voluntarily and surrendered to the prison warders.

In Court, he pleaded guilty to the charge and saved value time of the Court. In the circumstances a very lenient sentence ought to be imposed.

8. Since the date of surrender, he has served two years, three months and twenty-one days. The balance of the sentence to be served is six years, ten months and one week on the Murder charge. In the exercise of the Court’s discretionary powers under Section 19 of the Criminal Code Act, the prisoner is sentenced to the rising of the Court on the charge after escaping from lawful custody.
   

Accordingly sentenced
___________________________________________________________________
The Public Prosecutor: Lawyer for the State
The Solicitor: Lawyer for the Accused