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Application by Garry Katamog [2025] PGNC 139; N11270 (2 May 2025)

N11270

PAPUA NEW GUINEA
[NATIONAL COURT OF JUSTICE]

HRA NO 11 OF 2025

APPLICATION BY GARRY KATAMOG
Applicant

WAIGANI: CANNINGS J
11, 14 APRIL, 2 MAY 2025

HUMAN RIGHTS – right to full protection of the law, Constitution, s 37(1) – prisoner challenges due date of release calculated by Correctional Service – no deduction for pre-sentence period in custody – query re parole eligibility.

The applicant is serving a sentence of four years six months imprisonment. The Correctional Service calculated his due date of release (DDR) as 12 February 2026. He claimed that this date is incorrect as it does not take account of his pre-sentence period in custody of five months one week. He applied for enforcement of his human rights by correction of his DDR and a declaration as to his eligibility for parole.

Held:

(1) When sentencing the applicant the National Court exercised its discretion to not deduct from the head sentence any pre-sentence period in custody.

(2) There was insufficient evidence to disturb that exercise of discretion. The DDR of 12 February 2026 is correct.

(3) The applicant was sentenced after the date of commencement of the 2018 amendments to the Parole Act and is not eligible for parole as he is serving a sentence of less than five years.

Case cited
The State v Manikumbu, Posong & Katamog (2023) N10116

Counsel:
B Shem for the applicant

1. CANNINGS J: Garry Katamog is a prisoner at Bomana CI serving a sentence of 4 years 6 months imprisonment. He was convicted after pleading guilty of one count of wilful damage to property and five counts of grievous bodily harm. He was sentenced on 13 February 2023 (The State v Manikumbu, Posong & Katamog (2023) N10116).
   
2. The Correctional Service calculated his due date of release (DDR) as 12 February 2026. He claims that this date is incorrect as it does not take account of his pre-sentence period in custody of five months one week. He applied for enforcement of his human rights by correction of his DDR and a declaration as to his eligibility for parole.
   

DUE DATE OF RELEASE

3. In sentencing the applicant the National Court noted “To date no time has been spent in custody” and the warrant of commitment shows that nothing was deducted from the head sentence.
   
4. It is clear that the sentencing Judge gave attention to this matter and decided deliberately that no pre-sentence period in custody was to be deducted from the head sentence.
   
5. I would only interfere with that exercise of discretion if there were clear evidence that the applicant was in remand for the period he claims: 8 November 2019 to 15 April 2020.
   
6. There is a charge sheet showing that he was charged on 8 November 2019 and that he paid cash bail of K500.00 on 15 April 2020.
   
7. However, there is no direct and clear evidence that he was in custody between those dates. There is no remand docket from his CS file. There is no basis on which any pre-sentence period in custody can be taken into account.
   
8. I have checked the DDR of 12 February 2026 and found it to be correct.
   

PAROLE ELIGIBILITY

9. The applicant’s parole eligibility is determined under s 17 of the Parole Act:
   

(1) Subject to this Act and unless otherwise determined by an order of the Court, a detainee who has been sentenced to a term of imprisonment of five years or more and has served not less than half of the sentence is eligible for parole.

(2) A detainee who is serving a term of life imprisonment or is subject to a death sentence shall not be eligible for parole.

(3) A detainee whose application has gone before the Board for three times and was refused by the Board on all occasions is no longer eligible for parole,

(4) A detainee with an appeal pending in the Supreme Court is not eligible for parole until his appeal is heard and determined.

(5) For the purposes of determining the length of a sentence under Subsection (1):

(a) remission of sentence shall not be taken into account; and

(b) where a detainee has been sentenced to —

(i) two or more terms of imprisonment to be served concurrently - the longer or longest term (as the case may be) shall be considered; or

(ii) two or more terms to be served cumulatively - the total of these terms shall be considered.

10. The applicant is serving a sentence of less than five years and under s 17(1) of the Parole Act he is not eligible for parole.
    

ORDER

(1) The DDR with remission on the applicant’s CS file of 12 February 2026 is correct.

(2) The applicant is not eligible for parole as he has been sentenced to less than five years imprisonment

(3) The application is refused and the file is closed.

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Lawyer for the applicant: Public Solicitor