State v Gabour [2007] PGDC 46; DC561 (4 January 2007)

DC561

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

GFCr 21-24 OF 2007

BETWEEN

STATE
Informant

AND

JOSHUA GABOUR
Defendant

Wewak: J Singomat
2007: January 4

CRIMINAL LAW- Summary Offences – Unlawful Damage and Unlawful Assault – s. 47, 6 (3) Summary Offences Act – Possession of Illicit Spirit – s 45 (a) Distillation Act.

PLEA: Guilty – found guilty on the face of statement of facts leading to the charges.

Cases Cited
No case cited

References

Counsel
Police Prosecutor C/Sgt Sella, For The State
Defendant In Person

January 4: 2007

SENTENCE

J Singomat: On the 01 of January 2007, you have committed the three separate offences preferred against you. I have before me in this Court Statements of the Prosecutor for which you pleaded guilty to all three charges. When asked if you wish to make your statement regarding the allegations, you declined to do so.

2. The Court found you guilty and the penalties for the three charges by law are quite high. You could pay court fines of K400-00 and K500-00 maximum fines for unlawful damage and unlawful assault charges or you could also be sentenced to serve custodial sentences. The penalty for possession of illicit drug is also a heavy court fine.

3. You have saved time for the court and the Prosecution and the need to conduct a criminal trial. These factors so in our favour in instigation. You are a first time youthful offender. It is the view of this Court that you can change your attitude after this experience.

4. The following are the sentences imposed by the court considering the nature of the case and the circumstances under which you committed the same offences (above).

5. For the charge of possessing of illicit spirit you pay a Court Fine of K200-00 and in default you will be imprisoned for four (4) months.

6. For the offences of Unlawful Damage and the charge of Unlawful assault you will pay;

1. Cost of two (2) tyres for the State property and it was an unprovoked act you did.
2. You will pay K50-00 compensation to Trevor Vele for unlawfully assaulting him. It was an unprovoked assault.
   

7. Then if you do not comply with Orders (a) and (b) above by 31 January 2007, you will be called upon by the Court by Warrant of Arrest to explain why the Court cannot imprison you.

8. Your bail money goes as part-payment of Court Fine.

Police Prosecutor For the State C/Sgt Sella
Defendant in Person