Police v Kahento [2018] PGDC 32; DC4011 (13 July 2018)

DC4011
PAPUA NEW GUINEA
In the District Court of Justice
Sitting In its Criminal Jurisdiction

Cr. 616,617 & 618 of 2018

The Police
Informant.

And

JUNIOR KAHENTO

Defendant

Goroka, P Kaumba, Magistrate

2018: July13th,

Counsel:
Informant: Police Prosecutor Mr Gitene
Defendant: In person.

DECISION

1. Onthe 12^th of July 2018 the Defendant was taken into police custody by members of police task force based at Goroka and was charged for two counts of stealing under section 48© of the Summary Offences Act(herein-after referred to as ‘the SOA’) and damaging property under section 47 of the SOA.The Defendant came before me on the 13^th day of July 2018 and pleadedguilty to the charge and adjourned case to 100pm for sentence andI also raised the issue of the courts jurisdiction and Mr Gitene addressed the court on the same.

ISSUES.

2. (1)Whether District Court made up of Grade 4 Magistrate has jurisdiction to hear case?

(2) Can the District Court transfer case to Kainantu District Court?

RELEVANT LAWON JURISDICTION

3. Sections 5 of the District Court Act.

5 Jurisdiction of Magistrates.

Magistrates have and may exercise within and for their jurisdictions the several powers and authority conferred on them by this or any other law.

Section 14 of the District Court Act.

14 District Courts.

The Judicial and Legal Services Commission may, by proclamation in the National Gazette-

(a) Establish a court for an area specified in the proclamation and
(b) Abolish a District Court.

Brief Facts.

4. (1) The offence was committed in OburaWonenara District Eastern

Highlands Province.
(2). The case is prosecuted in Goroka district Court before a Grade 4
Magistrate.
(3) No District Court in Obura -Wonenara District Eastern Highlands
Province.

APPLICATION OF LAW TO FACTS AND ISSUES.
4. The Grade 4 Courts jurisdiction is limited by territory (see section 14 above) and it can hear cases from Goroka District only.
5. The Defendant committed the offence in OburaWonenara District and it is much closer geographically to Kainantu District Court so Kainantu District Court should hear this case.
6. However due to logistical problems facing police currently it may not be convenient, economical and feasible to transfer case to Kainantu.
7. The Senior Provincial Magistrate who has jurisdiction over the Eastern Highlands Province can hear this case.
8. Ordered accordingly.
ANSWER TO ISSUES.
9. (1) No.
(2) Yes but more economical in the circumstance to transfer case to SPM to
try it.
ORDER.
10. Theformal orders of the court are:

1. The information is transferred to Grade 5 Court Goroka District

Court to hear it.

2. The case be listed before His Worship Inkisopo on the 16^th of July

2018 at 900am.
3. The Defendant is granted K500.00 cash bail.

Lawyer:

Informant :Police Prosecutor Mr Gitene.
Defendant :Nil.