Kila v Kisa [1997] PGDC 13; DC22 (14 October 1997)

Unreported District Court Decisions

[1997] PNGDC 17 - KORA KILA V MARTIN KISA

[1997] PNGDC 17

PAPUA NEW GUINEA

[DISTRICT COURT OF JUSTICE]

CASE NO. 3351 OF 1997

KORA KILA

INFORMANT

V

MARTIN KISA

DEFENDANT

Boroko

Manuhu M

14 October 1997

CRIMINAL LAW - carrying weapons - sentencing - offence serious and prevalent - inability of defendant to pay fine.

Counsel

Joseph Gos for the State

Martin Kisa in person

JUDGMENT ON SENTENCE

14 October 1997

MANUHU M:  I have convicted you  on one count of carrying weapons thereby contravening Section 12 of the  Summary Offences Act, Ch. No. 264 (the Act).  In considering sentence I take into account that you have pleaded guilty thereby saving time for the Court as well as Police if the case had proceeded as a trial.   The offence, however, is serious.  Offences of this nature, that is to say, those involving firearms, are committed mostly by persons of your age group.  It is a prevalent offence.  Residents of Port Moresby in particular have been warned that criminal activities  are on the rise.  The number of armed robberies in Port Moresby has risen.  City residents are generally living in fear of people like yourself.

I am of the view that the courts must now take  a stand that would be able deter people like yourself and others from committing similar offences.  If unlicenced firearms and ammunitions, including homemade shotguns, can be eradicated people would feel safe and free.  That is not the case now.

For the purpose of this case, I have gone through the entire Act and have discovered that the offence of carrying weapons is one of the two most serious offences.  Sections 9 (Inciting to fight) and 12 are the only offences that carry the highest fine of K800.00 and the highest imprisonment term of 4 years.  In a way, the politicians view this offence as more serious than possession of dangerous drug which maximum penalty is 2 years.

Taking all the above matters into account, I would like to impose a fine of K400.00 which is one half of the maximum fine but since you are unemployed and, therefore, unable to pay for such fines, I will send you to jail for one half of the maximum imprisonment term.  You are sentenced to two (2) years with hard labour.

Sentenced accordingly.