State v Maguna [2022] PGDC 14; DC8019 (25 February 2022)

DC8019

PAPUA NEW GUINEA

[IN THE DISTRICT COURT (GRADE V JURISDICTION) OF JUSTICE]

CR NO 17 OF 2021

THE STATE

V

JASON MAGUNA
Defendant

BUKA: TASIKUL B, PM
2022: FEBRUARY 25^TH

CRIMINAL LAW – Stealing -Section 372 (1) CCA –Plead Guilty-First time offenders- Appropriate sentence to imposed
Cases Cited:

Counsel: Appearing in person
Prosecution: Senior Constable Chris Makoe of Buka Police Station

JUDGMENT ON SENTENCE

25^th February,2022

1. TASIKUL PM: The defendant Jason Maguna age 44 years old of Lemankoa Village, Haku Constituency, Buka District, pleaded guilty of stealing roofing irons to the value of K19,773.00 the property of Lemankoa Investment.

Facts

2. The following fact is taken from the police brief. It is alleged that on the 12^th of March,2021 at around midday, the defendant was seen loading different sizes of roofing iron sheets worth K19,7773.00 on to the back of a truck belonging to Happy Sound without the knowledge of the Manageress of Lemankoa Investment Ltd.
   
3. After loading the roofing irons, he took them away with his other accomplice and sold them. He went into hiding for all most three years and until in June last year 2021, he was arrested and charge.
   
4. The issue: As the defendant has pleaded guilty, the issue before this court is to determine what would be the appropriate sentence to impose on the defendant.
   
5. The Law

Section 372 (1) of the Criminal Code states: (1) Any person who steals anything capable of being stolen is guilty of a crime. Penalty: Subject to this section, imprisonment for a term not exceeding three years.

6. The defendant is liable to be imprisonment for a term not exceeding three years. It is however, trite that the maximum penalty is usually reserved for the worst instance of a particular offence. The court has discretion to impose a lesser sentence, though, if the circumstances of the case warrant it pursuant to s. 19 of the Criminal Code. See. Goli Golu V The State (1979) PNGLR 653
   
7. In considering what would be the appropriate sentence to impose on the defendant. I took into consideration the following factors. This includes defendant’s personal particulars, mitigating factors, aggravating factors, pre-sentence report and his allocotus.
   
8. Personal Particulars. The defendant is 46 years old and a mix Madang and Buka. His father is from Madang and the mother from Haku in Buka. He comes from a family of six children. He completed Grade 11 at Malala Secondary School in Madang
   
9. He is married and have five children. His wife has left him for another man and he financially takes care of the children. All his children are now grown up.
   
10. Mitigating Factors

The prisoner pleaded guilty to the charge. He has shown remorse and he is sorry for what he did. He is willing to repay back some of the money. He cooperated well with the police after he was arrested. He has no previous conviction.

11. Aggravating Factors.

The offence committed is serious on the basis that the defendant stole from his employer. The value of the properties is K19,773.00. After he stole this property he went into hiding for three years.

12. Submission:

The prosecution has only provided a very brief submission which does not really help the court in any way.

13. Pre-sentence Report:

A pre-sentence report was submitted by the Probation Officer as requested by the court. The report is a well balance report as the complainant was given the opportunity to give her views on the defendant.

I noted from the report that the defendant is currently unemployed, but he is willing to repay the amount to the value of the roofing iron that he stole and sold.

I also noted that he is willing to pay K500.00 every month until the amount is fully repaid. I noted from the Manageress of the company that the roofing iron that were stolen by the defendant were bought from Mainland Holdings company on credit basis.

Because of the defendant action, the company was struggling repay the debt that they owe to Mainland Holdings, so they got a bank loan to repay their debt with the company. In doing so, the company also lay off some employee.

14. Allocutus

The defendant in his Allocutus said that, the reason why he took the roofing irons and sold them because he asked his employer to assist him pay for his daughter school fee, and they failed to assist. Her daughter was attending college in Madang. He has been with the company for many years and they failed to consider his request.

Having analysis, the above factors, I asked myself then what will be the appropriate sentence to be imposed upon the defendant.