Pinikidu v Lingen [2007] PGDC 124; DC673 (2 August 2007)

DC673

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

DCCr 14 of 2007

BETWEEN

DOUGLAS PINIKIDU
Informant

AND

JANG LINGEN
Defendant

GOROKA: G VETUNAWA
2007: August 02

Cases Cited
Nil

References
1. Section 7 (a) of the Summary Offence Act

Counsel
Juvenile Prosecutor: Constable May Osamai from Goroka Police Station
Juvenile Court Officer: Mr. Peter Worowi from CBC
Juveniles Father: David Lingen
Juveniles Mother: Mary Lingen

JUDGEMENT

G Vetunawa: This Juvenile is aged 17 years old and was charged for threatening by trying to cut his own mother Mary Lingen. He was charged under Section 7 (a) of the Summary Offence Act. This Juvenile pleaded guilty to the charge.

2. Historical Background

This Juvenile was adopted by David and Mary Lingen, now the parents under custom law. The father David Lingen is from East Sepik Province and the mother Mary Lingen is from Mt. Hagen. This Juvenile is the biological son of Mary Lingen’s brother. They adopted him from childhood.

3. Juvenile Behaviour

This Juvenile is very problematic both at home and outside of his home but notably in his own home. He does not see David and Mary as his parents, he has zero respect for his parents as children would normally have and feel towards their parents. He always destroys things in the house and gets the family properties and sells them on the street for cheap prices.

4. He has no interest to continue going to school and is always deceitful to the parents. Different people have tried to help the parents to rehabilitate this Juvenile. Those people who have helped have told the Court that when this Juvenile was living with them they could not see any negative part of him, he was very well behaved and taking part in whatever the family did including praying with them at night. It’s only when he is with his parents that he is a different person.

5. I found that this Juvenile needs to be rehabilitated for a long time and that the parents too need to look at themselves, if they have contributed to some ways to the negative development of their child. We should try to find the faults not only in the Juvenile but in his parents as well.

6. As far as I can see he cannot live happily with his parents. He could only find happiness living with other families as has been seen so far. I will just try to make do with whatever system on hand to rehabilitate the Juvenile.

7. For the time being I will use the help and resources of the Juvenile Court officer to put this Juvenile to do some community work in town while he gets some chances of hope for the good life.

8. Therefore I convict and sentence him to do 50 hours of community work at a place to be specified by the CBC officers and he be restrained from doing and saying any unlawful action and words against his family members for a period of five (5) years as of today.
   

Juvenile Prosecutor: Constable May Osamai from Goroka Police Station
Juvenile Court Officer: Mr. Peter Worowi from CBC
Juveniles Father: David Lingen
Juveniles Mother: Mary Lingen