Posa v Wowo [2009] PGDC 26; DC864 (21 April 2009)

DC864

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

GFCr 84 of 2009

BETWEEN

ERIC POSA
Informant

AND

SUPA WOWO
Defendant

Goroka: F. Manue
2009: April 06, 21

CRIMINAL LAW- Breaking out after committing a crime – s. 398 (b) (1) Criminal Code Act – Defendant is a former employer of the victim. – Pleaded – Guilty.

Cases Cited

Bakin Pena –vs- The State (1980) SC183.

References

1. Criminal Code Act Section 398 (b)
2. Criminal Law and Practice of Papua New Guinea

Counsel

For the State - Sergeant Yamuje
Defendant - In Person

21st April 2009.

REASONS FOR SENTENCE

F Manue a/ Grade Five Magistrate: The defendant has been arraigned on the 6th of April in that, he did on the 19th day of December 2008 at Bintagor Supermarket Goroka, he did having committed a crime, namely stealing cash money sum of K8,500.00 in a shop namely Bintagor Supermarket opposite main market Goroka, broke out of the said shop, and thereby contravening to s. 398 (b)(1) of Criminal Code Act.

2. The state prosecutor elected to have the matter tried as a schedule 2 offence and so the matter proceeded to trial summarily. He pleaded guilty on these facts which he also did not dispute. In summary it is said-:

“That on the 19th December 2008 at about 4:30 pm at Bintagor Supermarket opposite main market Goroka, the defendant, Supa Wowo, now in court and who was an ex-employee went into the shop and hid himself in the female toilet. When the management and employees closed business at 5:00 pm, the defendant came out of his hiding place and went to the main office, where cash money were kept. He forced opened the door of the office by using a sharp pointed knife and entered. He then picked up K8,500.00 and made his way to the shops butchery section and escaped by removing a floor board on Saturday 20th of December 2008. At 8:00 am, when the shop opened for business they discovered that the money was missing. From, sources of its employees, it was disclosed that the defendant was seen hiding in the females toilet. The matter was traced until the defendant was apprehended and charged accordingly.”

3. Mitigation Factors.

You have pleaded guilty, and thus serving the courts and concerned persons and organizations time.

4. You are of youthful age, and married without children.

5. Police have not provided any records of prior convictions and the assumption is that you are a first offender.

6. You have pleaded that the only reason why you committed the crime was that, you were not paid well while being employed by the victim.

7. Factors Against Offender.

On this point, it must be pointed out to you that, such excuses are not lawful and acceptable one. There are better and lawful avenues to address your concerns. What you did is taking the law into your own hands. The crime in which you have committed is a serious one. The seriousness is reflected by the penalty in which it carries, that is a maximum of seven (7) years when convicted summarily. The case of Bakiri Pena –vs- The State (1980) SC 183 lays down principles of sentencing and considerations given to youthful offenders.

8. Additionally, you took advantage of the situation in that; you know the premises of the victim, their set up, and the building structure. You know where the money was and is usually kept and the staff of the victim.

9. This is shown clearly by your manipulation of staff and hiding in the female toilet, gaining entry, into the office, and breaking out through the butchery by removing a flooring board.

10. In passing sentence, I have also taking into consideration that you have been in custody since 22nd of December 2008, when you first appeared in court. Time in custody will be deducted from the imposed penalty.

11. From court records, this type of offence is unbecoming, but the penalties imposed have ranged from court fines to 12 moths imprisonment.

12. In view of all these circumstances, I sentence you to imprisonment for two (2) years in hard labour.

13. Three (3) months and twenty eight (28) days be deducted for time awaiting trial. You will serve twenty one (21) months and 2 days imprisonment.

___________________

Counsel
For the State: Stg. Yamuje
Defendant: In Person.