Police v Apam [2007] PGDC 61; DC575 (4 June 2007)

DC575

PAPUA NEW GUINEA
[IN THE DISTRICT CPOURT OF JUSTICE
SITTING IN IT’S GRADE FIVE CRIMINAL JURISDICTION]

GFCr 158 OF 2006

BETWEEN

POLICE
Informant

AND

SAPIAM APAM
Defendant

Lorengau: G. Madu
2007: 04 June

G. Madu PM: The accused pleaded guilty to wilfully and unlawfully damaging property of Papindo Trading Company Limited, Lorengau. The brief facts to which the accused pleaded guilty is set out as follows:-

On 2 June, 2006 about 5.47 am, the accused was near Papindo Wholesale Building in Lorengau Town. It was alleged that the accused was with other youths and was under the influence of liquor. He pulled out his knife and boasted to his friends to see him damage the air condition. The accused then immediately struck the knife into the air condition, a Chulan Model - Lt 28WB emitting smoke from the damaged air condition.At the time the accused damaged the air condition, he did not have any good reasons which, cost the complainant money to repair the damage.

The accused was charged under s 444 of Criminal Code Act and the prescribed penalty is seven (7) years. The offence is also punishable summarily.The accused being specifically charged under s 444 (1) and (2) and stated as follows:-

(1) A person who wilfully and unlawfully destroys or damages any property is guilty of an offence that, unless otherwise stated, is a misdemeanour.

Penalty:- If no other punishment is provided by this section - imprisonment for a term not exceeding two (2) years.

(2) If an offence against ss (1) is committed by night, the offender is liable to imprisonment for a term not exceeding three (3) years.

On his final address to the Court under s 593 of the Criminal Code Act, the accused said, this was his first time to appear in Court and asked the Court to have mercy.

The mitigating factors to consider in accused favour is that he pleaded guilty, co-operated with the Police during interview although he refused to sign the record of Interview and he is a youthful offender of twenty four (24) years of age.

The aggravating factor is that the offence was committed in the early hours of the morning when most of the properties are not guarded and the damage caused did amount to cost being incurred by Papindo Trading Company Ltd.

Further the crime is a misdemeanour and therefore is serious. It is very clear that the accused action was deliberate because he boasted about the action he was taking and eventually struck the knife into the air conditioner. This shows clearly that the accused intended to damage the air condition which he did.

Further he had foreseen the damage he was going to do by using the knife. The case of Pukari - Flabu -v- Hambakon Sma [1965-1966] PNGCR 348 discuss the issue of wilful damage.

The accused wilfully damaging the air conditioner put the victim in a position to foot the bill at an additional cost to fix the air condition. This is because it was necessary for the wholesale to operate normal. In normal situation, I would have unreservedly imposed custodial sentence because the crime the accused committed is a misdemeanour which carried maximum imprisonment term of seven (7) years.

I consider that a custodial sentence is appropriate with time given for the defendant to pay cost of damage to the victim.

The defendant is sentenced to one (1) year IHL however the one (1) year is suspended and defendant given time to pay the cost of damage in the sum of K745.50 within four (4) weeks by 02/07/07 to the Papindo Trading Company Ltd. Failure to pay by 02/07/07, the defendant to serve one (1) year at Kerevat CIS. Defendant is to be placed on good behaviour bond without surety for one (1) year if he pays the cost of damages.

Lawyer for the Police: Police Prosecution Division
Accused: In Person