State v Korema [1997] PGDC 5; DC14 (27 May 1997)

Unreported District Court Decisions

[1997] PNGDC 26 - STATE V WILLIE KOREMA

[1997] PNGDC 26

PAPUA NEW GUINEA

[DISTRICT COURT OF JUSTICE]

CIR NO

THE STATE

V

WILLIE KOREMA

Waigani

Abisai SPM

27 May 1997

CRIMINAL LAW - Driving Dangerously causing Death S.328 (1) (5) of CCA PNG Chapter 262 - Sentence Dangerous Driving Causing Death - Cooperative in investigation Record interview - First Offender - Remorseful - Married 2 children (1) 4 years(2) 2 years - Non Custodial Sentence appropriate

Counsel

S/sgt Leo Sale for the State

Mr Tau Rei for the Prisoner

JUDGMENT ON SENTENCE

27 May 1997

ABISAI SPM:  The defendant pleaded not guilty, however later pleaded guilty when advised by is Council for Driving Dangerously Causing Death Section 328 (1) (5) CCA PNG.

CHARGE

The offence of Driving Dangerous Causing Death carries minimum of 1 day to 5 years goal under Criminal Code Act.

BRIEF FACTS

Between 3.00 am on Saturday 10th day of August 1996 he defendant was driving a white Toyota Kijang Utility Registration No Ban 319 when involved in a fatal accident. The defendant was driving along Magi Highway road, near Tubuserea turn off, he caused the accident, as a result one passenger namely Trudi Egi an adult male had died. He was interviewed, arrested and charged and placed at Boroko Cell.

THE PRISONER

The prisoner is 27 years old married with 2 children, 1st born about 4 years second born about 2 years, both residing with their parents at Tubuserea village. He is a member of SDA Church and now employed by Ele Motors Company as a Marketing Supervisor works at Badili Ela Motors Establishment and Earns about K350.00 per fortnight. He is the only bread winner in the family.

SENTENCE

Prisoner in his allocatus apologise to the Court and he admits that it was his wrong in driving a Motor Vehicle later morning hours, causing death of another person.

The Defence Council T. Rei on behalf of prisoner submit that the prisoner is a young man married with 2 children, has no previous conviction, co-operated with Police during their investigation and Record of interview, and has pleaded guilty to this Court, should be considered for a suspense sentence with condition.

Senior Sergeant Leo Sale on behalf of State submits to this Court that with the Defence Council that the prisoner who is very cooperative with the Police during their investigation and also pleaded to the Court saving courts time. Even though the prisoner is young and cooperated with the Police. However the offence of Dangerous driving causing death is not the 1st of its kind, this kind of offence is becoming very high in Papua New Guinea and that the courts in Papua New Guinea and some cause of justice should be imposed on the defendant who has been charged under this offence. court can make its decision based on evidence and circumstance of the case as Court states to decide on its own merit, we do agree that the pleas was guilty and have saved prosecution time money and resources however it is my duty representing the state to see that justice is done accordingly and fairly therefore the state is calling for custodial sentence or any other form of penalty and this penalty not to crush or spoil him but to deter him from committing such offence in future and also to other drivers who did not commit such an offence.

In considering what is appropriate sentence for this particular prisoner I take into account of the following:

N2>1.       The prisoner is a 1st offender.

N2>2.       No previous conviction.

N2>3.       His pleaded guilty to this Court on a very serious offence.

N2>4.       Indicate his remorsefulness.

N2>5.       His co-operation with the Police during course off investigation.

N2>6.       His cooperation during record of interview.

I agree with the prosecutor that the offence of this nature is very serious the prisoner Dangerously driving causing death to another person. I am sure that the relatives of the deceased has suffered greatly with mentally realizing that somebody in the family had gone and because of some other irresponsible person doing this kind of thing.

If the prisoner is given custodial sentence it will not help to rehabilitate the prisoner but hardened him for life. The Court also taken into consideration that the prisoner is the first offender with no previous conviction his remorseful. He has already paid Compensation, he is the only bread winner in his family to imposed custodial sentence will automatically ruined his courier as a representative marked salesman and it will also destroy the moral and reputation of the defendant, he will also loose his job.  There is not evidence indicating that the prisoner may repeat this offence again.

I therefore sentence the prisoner to 18 months in Hard labour C.I.S Bomana. I order that the 2 months for pleading guilty to be deducted an a balance of 16 months be wholly suspended on the prisoner entering into his own recognizance on the following conditions:

N2>(1)      The prisoner enter into his own recognizance with K200.00 cash surety to pay forthwith; and

N2>(2)      Promise to keep the peace and good behaviour for 12 months starting or commencing today this 27.05.97; and

N2>(3)      His not to consume any alcohol liquor or drug during the period of 12 months; and

N2>(4)      His to remain at Tubusereia village from 6 pm - 6 am from Monday to Monday after work; and

N2>(5)      His to attend church services on every Saturday at SDA Church Tubsereia and help with church activities until 5pm to be supervised by SDA Church Pastor; and

N2>(6)      If any of the above recognizance are not complied with the prisoner to be brought back to this Court to be dealt with accordingly.

N2>(7)      The Court further orders that his bail (prisoner) bail money sum of K200.00 be converted to his surety.

Lawyer for the State:  Police Prosecutions

Lawyer for the Prisoner:  Tau Rei Lawyers