State v Abraham [2003] PGDC 44; DC463 (17 December 2003)

DC463

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE]

CASE NO 270 OF 2003

The State
Complainant

V-

Misa Abraham
Defendant

Alotau - S. Abisai, Spm
17th March 2003

Criminal Law -Stealing From Another Person No Prior Conviction

Cases Cited

Legislation
Summary Offences Act.

Counsel
The State: 1st Constable Wilson Golina
Defence: In Person

S. ABISAI, The prisoner is charged for one count of stealing 1 trident stereo valued at K300.00 the property of Mrs. Janet Samuel.

Brief facts:

That on Sunday the 17th day of November 2002 at about 1:00pm the defendant namely Mr. Misa Abraham was at Delema village. It was alleged that the defendant broke into the complainant namely Mrs. Janet Samuel's dwelling house by cutting wall made of sago stocks then stole the trident stereo.

The defendant then went down to Kwaia village and gave the stereo to Mr. Jimmy Ebuma. Defendant was then apprehended told him of his rights, cautioned, arrested and charged.

Sentence

The minor stealing or petty offences are becoming so prevalent within our societies, we are experiencing many rascal activities taking place within our towns and cities, this attitude has spread throughout our nation, affecting our livelihood, many of our people seem to be living in a suspicious environment not knowing what will happen next.

Many a times during broad day light people steal from others such as pick pockets or stealing from their neighbours' houses, our situation has deteriorated, to become like animal's way of thinking, animals would speak of fittest survival, this concept has now applied to our so called societies, though we live together mingle together yet the fittest survive, not in a reasonable manner but by ways and means of criminal activities. People nowadays do not have any true feelings for others but have the attitude of a cunning fox that lures waiting for its prey to pounce upon. The youngest of these days have adopted that attitude lures waiting to pounce upon their prey.

Laws in Papua New Guinea are purposely acted to protect rights and freedom of individual persons and to create peaceful environment for people to live and own properties. It is not right for any person to try and interfere with rights of an individual person as stipulated under Section 49 of the constitution right to privacy.

"Every person has the right to reasonable privacy in respect of his private and family life, his communications with other persons and his personal papers and effects, except to the extent that the exercise of that right is regulated or restricted by a law that complies with Section 38 (general qualification on qualified rights)".

Criminals have no jurisdiction of their actions, which have become the rule of Law in our so- -called land. The constitutions supersedes the unjust Laws and activities of criminals, this nation has the rights of individual person vested in our constitution and every person and citizen of this nation should adhere to it and should not override the constitutional rights of individual person.

Not only the individual rights of freedom discussed in the constitution but also Section 53 stipulates the protection from unjust deprivation of property. It discusses that no person be deprived of his property unless the property is required for;

(i) a public purpose or,

(ii) a reason that is reasonably justified in a democratic society and dignity of mankind.

That is so disclosed and so described for the purposes of this Section, in an Organic Law or an act of the Parliament.

The prisoner at that time was under the influence of intoxicating liquor, did not consider the privacy of the owner of the stereo. He went ahead to that person's house grabbed the stereo and walked off, the owner was scared therefore could not be able to say anything as a female. She has refrained herself from doing anything that may endanger her life.

What the prisoner has done was beyond reasonable person's attitude and behaviour. He knew very well that was not right to do such things, yet he went ahead and did it. How can he justify his actions?

Normally people of Milne Bay are very peaceful, loving kind of people but because of you so called criminals or gangsters running loose causing unnecessary discomfort for other people bringing bad name into Milne Bay Province, it is about time that people like you should sit down assess your behaviour whether what you are doing is proper. I have on many occasions informed people that it is bad to do such things towards others. What matters most is for every person to try and refrain him or herself from such activities instead respect people's right.

I believe that each person has moral obligations to respect others and allow people to respect other people as stipulated under our constitution.

This Court feels that the prisoner has done an injustice to the complainant though the defendant is the first offender but the Court feels that the appropriate would be custodial sentence to deter others from committing the same kind of offence in the near future.

I therefore sentence the prisoner to 10 months IHL at Giligili CS.

Constable Wilson Golina: Complainant
In Person: Defendant