Peinomu v Bob [2022] PGDC 82; DC9019 (7 October 2022)

DC9019

PAPUA NEW GUINEA

[IN THE DISTRICT COURT OF JUSTICE]

SITTING IN IT GRADE V CRIMINAL JURISDICTION COURT

GR NO 76 of 2022
BETWEEN

SIMEON PEINOMU
Informant

AND

DANNY BOB
Defendant

ARAWA: BRUCE TASIKUL PM

2022: 05-07^TH OCTOBER
      

Criminal Law – Stealing of a mobile phone value at K1200.00-s.372 (1) (a) Criminal Code

Criminal Law- Pleaded guilty-first time offender-appropriate sentence to be consider- property not been recovered-

Cases Cited;
Welling Belawa –v- The State [1988-89] PNGLR 496
State V Basil Gani Soli DC Cr 20 of 2016
State V Wayne Patrick DC Cr No 16 of 2017

References
Section 372 (1) Criminal Code
Section 19 (e) of the Criminal Code

Counsel

First Constable Justine Katu for Prosecution

Defendant Appearing for himself.

DECISION ON SENTENCE

1. B: TASIKUL-PM: Danny Bob, you were charge with one count of stealing a mobile phone value at K1200.00 the property of another person. You have pleaded guilty to this charge. My duty as the court is to sentence you for the offence you have committed.
   
2. But first let me read to you the brief facts of, how you committed the offence as presented by the police prospector. It was alleged that on the 1^st of August, 2022 around 14:11 pm you were at Jerohi store at section 16, Arawa. You walked into the shop wearing a red round neck Digicel T shirt. You walked around the shop and then proceed to the stationery section.
   
3. You looked around and saw nobody watching, so you stretch out your hand and pull out the phone in a glass counter. You then thug it into you trouser and walked off the store. The shop owner after reviewing the cctv footage identified you as the suspect. They reported the matter to the police and you were arrested.
   
4. When the court asked you if the facts read to you is true, and you admitted and said that everything read by the prosecutor are true. The court further explained to you the consequence of your admission to the fact, and you freely said you agreed.
   
5. The issue now before me is: what would be the appropriate sentence or penalty this court should imposed upon you.
   
6. But first what does the law says: Section 372 (1) states: 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.
   
1. The maximum penalty of this offence is not exceeding three years, however, this Court has power to impose a fine or to discharge the offender on entering into his own recognizance, pursuant to Section 19 (e) of the Criminal Code Act.
   
7. The prosecutor has not assisted the court on sentence, but leave it to the court to decide for itself.
   
8. Let me consider your personal particulars, you are an adult male 1n your 40s, married with 1 child, reside in the village, as subsistence farmer. You have no previous conviction.
   
9. Let me also consider some of the mitigating factors in your favour. You pleaded guilty, you have no previous conviction, and you have shown remorse and sorry for what you did. Having said that let me also consider some of the aggravating factors against you. The property stolen by you have not been recovered, it is an expensive phone value at K1200.00. This is not your first time, as the facts states that you were also arrested on a similar case before. The business owner has make a loss of K1200.00 because of your action.
   
10. To maintain consistency in sentencing of such offences, I must also consider some of the similar cases imposed by District Court. However, in Welling Belawa –v- The State (1988-89) PNGLR 496 the National Court sets out the sentencing tariffs of stealing offences. For any amount stolen between K1.00 to K1, 000.00, a term of one-year imprisonment and between K1 000.00 to K10, 000.00, a term of two years’ imprisonment.
    
11. In one of my case State V Basil Gani Soli DC Cr 20 of 2016, the defendant stole a BMX bicycle value at K1900. He was charge for stealing under s.374 CCA and he pleaded guilty and he was sentence to 12 months’ imprisonment.
    
12. In an another similar case before me, State V Wayne Patrick DC Cr No 16 of 2017 the defendant was also charge of stealing properties value at K9000.00 and he was sentence to 2 years’ imprisonment.
    
13. For your case, the property you stole value at K1200.00 and the said property was never returned to the owner. I noted that you have been in custody for three months. After considering all of the above factors I now sentence you to 12 months’ imprisonment. I will deduct 3 months you have spent in custody which gives you 9 months remaining. You will now serve 9 months’ imprisonment.