Gigimuto v Tine [2002] PGDC 4; DC111 (20 August 2002)

DC111

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE]

Case No 1016 of 2002

A. GIGIMUTO
Informant

AND

ELVIS TINE
Defendant

GOROKA: G VETUNAWA
20 AUGUST 2002

JUDGMENT ON SENTENCE

G. VETUNAWA (CORAM) The defendant was charged for having obtained K50.00 by means of false pretence under Section 15 (1) of Summary Offence Act.

Section 15 States:

A person who Solicits, gathers, collects or obtains any money, property, subscription, contribution or advantage for himself or for any other person by means of any false pretence or wilfully misleading conduct is guilt of an offence.

Penalty

A fine not exceeding K100. 00 or imprisonment for a term not exceeding three months.-

The defendant pleaded guilty to the Charge that on the 18th August he obtained K50.00 from a Mr. Ali Gigimuto by means of false pretence by saying he was selling an AR. 15 automatic rifle. By pleading guilty the defendant saved everybody's time and on that basis the Court is to be lenient on him. This is also his first time to appear in Court and so he is a first offender before the Court. The Court can not impose the maximum penalty provided for by Section 15 (1) Summary Offence Act. The Court should impose half of the monetary fine.

Therefore defendant is convicted and fined K50.00 in default one month imprisonment and be paid forthwith and the K50.00 obtained be refund within four (4) weeks in default remedy under the Criminal Law (Compensation) Act.