Negerifa v Elizah [2006] PGDC 14; DC545 (26 July 2006)

DC545

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE
SITTING IN ITS CRIMINAL JURISDICTION]

DCCr 475 of 2006

BETWEEN

JOHN NEGERIFA
Informant

AND

JAMONEFA ELIZAH
Defendant

GOROKA: G VETUNAWA
2006: May 22; June 26; July 17, 26

Cases Cited
Nil

References
Nil

Counsel
Police Prosecutor: In Person
Defendant: In Person

JUDGEMENT

G Vetunawa: This is a charge for stealing cherry coffee beans valued at four hundred and fifty kina (K450.00) the property of another person, namely John Giheno. The charge was laid under Section 48 c (1) Summary Offence Act.

2. The defendant pleaded not guilty to the charge on the basis that he owns the cherry coffee beans.

3. The main prosecution witness is Mr. John Giheno who testified that he bought a big block of land and divided it to each of his brothers. The defendant is the son of one of his brothers. He has a block of land through his father. Prosecution witness testified that the defendant has been picking cherry coffee beans from the block which belonged to John Giheno. The defendant admitted picking coffee cherry beans but claimed ownership.

4. The main prosecution witness Mr. John Giheno told the Court that he had bought a big block of land some years back and divided it to himself and each of his brothers and instructed them to work on their blocks. He claimed the defendant has been going beyond his boundary by picking coffee cherry belonging to him.

5. I conclude the defendant had picked four hundred and fifty kina (K450.00) worth of cherry coffee beans belonging to Mr. John Giheno without the owners consent and that defendant did not own the cherry coffee beans as he claimed.

6. Therefore I find the defendant guilty as charged. The defendant is convicted and sentenced to do eighty (80) hours of community work at a place to be specified by the CBC officers and defendant to pay K450.00 to the owner Mr. John Giheno within sixty (60) days as of today and shall be paid through the Clerk of Court Goroka District Court and the bail of one hundred kina (K100.00) be refunded and paid to Mr. John Giheno.

Prosecutor: In person
Defendant: In person