Baul v Kabui [2009] PGDC 22; DC911 (8 April 2009)

DC911

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

CRIMINAL NO 63 OF 2009

BETWEEN

TOM BAUL
Informant

AND

CAMILUS KABUI
Defendant

LIHIR: B TASIKUL
2009: APRIL 08

REASON FOR DECSION

BTASIKUL: You pleaded guilty to the charge of being in your possession of article namely 1x DVD title: The whore next door and 1x flash drive Kingston Data Traveler containing pornographic movie title: Black beach patrol that is grossly offend against accepted standard of decency.

Thereby contravening section 25A (1) of the Summary Offence Act.

2. According to the statement of fact your wife reported you to the police after you went home drunk on 12 March 2009 forcing her to strip naked so that you can take photos of her. She protested against you, but you did not respond to her. This is worst thing a man can do to his wife. This is probably the reason why she reported you to the police.

3. After the police executed the search warrant and search your residence, they found these items. You are sorry for what you have done. You are married with five (5) children. You have expressed some remorse for what you have done. However you must be aware that pornographic offences are very serious.

4. The penalty for such offence carries a term of two (2) years imprisonment or a fine of K2000.00 To be prescribe the penalty; as it is, is not a yardstick by which indivual sentences to be based upon. More is required such consideration of the State and community interests, the circumstances in which the offence was committed and off course your own interest.

5. The States and the community’s interest often run parallel. And their interests in this matter are that, this kind of activity should not be allowed to go unpunished. There is a great danger that pornographic materials can corrupt and deprive a person whose minds are open to such immoral influence.

6. This is because such articles or materials often unduly emphasis sex and often portray unbalance depraved and immoral views of sex. It is therefore in the State and community’s interest this court has a constitutional obligation to protect the citizen from such oral, corrupt depraved materials

7. The circumstance which this offence was committed is beyond comprehension. Being a senior officer with a reputable organization you should have known better.Pornograhic has become a disease which is slowing destroying our society, and family. I believe many social problems today are cause by people viewing pornographic materials. That is why your action is an example of what pornographic can do.

8. There seemed to be a common occurrence or indulgence in this kind of errant behaviors by people of high places and obviously, this called for deterrence.

9. You are first time offender, married with five children. You have a steady job as an accountant. You have expressed some remorse and obviously will suffer shame. Based on the above, I considered that a deterrent sentence must be imposed not only for the defendant but also for the public

10. While I have the discretion to either impose a fine or imprisonment or both. I considered in this circumstance a substantial fine would be appropriate

11. I hereby find you guilty and ordered that you pay a fine of K700.00 or be sentence to twelve months imprisonment. I further ordered that this pornographic material be destroyed after 30 days.

_______________________

Senior Constable Odis for the Prosecution
Defendant appearing for himself