Police v Weramino [2017] PGDC 14; DC3030 (14 September 2017)

DC3030
PAPUA NEW GUINEA

[IN THE DISTRICT COURT OF JUSTICE

SITTING IN ITS GRADE FIVE CRIMINAL COURT JURISDICTION]

GFCr: 38of 2017

BETWEEN

POLICE

Complainant

AND

PATRICK WERAMINO

Defendant

Goroka: R. APPA, PM

2017: September 14

CRIMINAL –

Cases Cited:
Nil

References:
Nil

Counsels:

Lawyer for the Informant, James Pongi, State Prosecutor

Lawyer for the Defendant, In Person

14^thSeptember, 2017

-2-

DECISION ON PENALTY

R. APPA, PM: The defendant was charged for extortion. Defendant on behalf of his family wrote a letter of demand and gave ultimatum of 14 days to Mr. Sia to respond to the demand of K2.5 million for the death of a family member in the custody of Mr. Sia.

2. Mr. Sia was charged for murder but the National Court found no evidence and was acquitted.

3. The defendant pleaded guilty and was convicted on the charge.

4. The maximum penalty under section 390A CCA is seven years jail.

5. Court has decided to apply section 19 of the CCA due to the nature of the case, for alternative penalties.

6. Though the letter concerned did amount to extortion, no specific threats were issued and no action was followed up.

7. There were more mitigating factors than aggravating factors.

8. Defendant pleaded guilty - saved time and cost. Showed remorse. No prior criminal records. No threats carried out.

9. Court decided to impose monetary penalty of fine.

10. Orders:

1. Defendant is convicted and is fined K1, 000.00 in default 12 months jail in Hard Labour.
2. Bail of K1, 000.00 be converted into fine.
3. Defendant to surrender the yellow bail receipt to the Prosecutor to arrange for conversion.
4. Defendant not to repeat.
   

Counsels:

Lawyer for the Informant, James Pongi, State Prosecutor

Lawyer for the Defendant, In Person