State v Taru [2007] PGDC 114; DC645 (6 December 2007)

DC645

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

DCCr 1169 of 2007

BETWEEN

STATE

AND

BERRY TARU
Defendant

Goroka: F MANUE
2007: November 14, December 06

CRIMINAL - Particular offence – threatening behaviour by which a breach of peace was like to take place.

Sentence - offence admitted – first time offender – showed remorse, offered to victim reconciliation, married with 5 children – and employed as driver. Aggravating when he incited general public.

Cases Cited
Nil

References

1. Section 7 (b) of the Summary Offence Act
   

Counsel
For The State - Sergeant Bonki of Goroka Police Station
For The Defendant - In Person

06 December, 2007

SENTENCE

F Manue: The defendant was found guilty on the 14 November, 2007 for using threatening behaviour towards one Mr. Kenny Tan, which a breach of peace was likely to take place contravening Section 7 (b) of the Summary Offences Act.

2. Evidence shows that you were aggrieved by the actions of the victims employee which took place on Wednesday 10 October 2007. The events of that date was reported to Police and that your wife and her companion decided to take legal action other than criminal action against the victims employee.

3. Upon learning of the incident or events of what took place on 10 October 2007 against your six (6) year old female child, you decided to confront the victim.

4. Although the matter had been reported to Police, you went to the victim in absence of any police personnel nor was there any other law enforcing agency member with you. There you confronted the victim.

5. I noted from evidence that you incited the public to cause a fight against the victim. This was avoided by the vigilant action of the victim as he left that scene for the police station, otherwise, properties and lives could have been damaged or injured unnecessarily.

6. These types of actions must be discouraged in any lawful way possible, so properties and lives are not put into unnecessary risks. You are a first offender, married and have 5 children. You are employed as a driver. Your family may be impacted in the negative should you be given a custodial sentence.

7. Whilst you have admitted committing the offence, you are remorseful and have offered to apologise to the victim and his employee of your actions.

8. Whilst I accept that your actions were done as a way of showing that you were protective of your child, it was inappropriate and unlawful.

9. Such behaviours are premitively unbecoming and that citizens should now adopt to doing things the more civilized and lawful ways. Having considered these factors, I propose to give a suspended sentence on you.

10. Order

The defendant is now convicted and sentenced differed/ suspended.

1. He is placed on two (2) years probation
2. He is ordered to pay K100.00 to the victim within two (2) months from today.
3. He is also ordered to perform 00 hours of community work.
4. His K100.00 bail be transferred as surety until after the probation period, which he shall be entitled to refund.
   

For the State: Sergeant Bonki
For the Defendant: In Person