State v Bebi [1986] PGNC 15; N574(S) (2 December 1986)

N574(S)

PAPUA NEW GUINEA
[NATIONAL COURT OF JUSTICE]

THE STATE

V.

TIRIKISO-BEBI

Mount Hagen: Wilson J
1-2 December 1986

CRIMINAL LAW - SENTENCE ARMED ROBBERY - SERIOUS OFFENCE - NEED FOR DETERRENT PUNISHMENT

SENTENCE

WILSON J: You have pleaded guilty to the offence of armed robbery. Together with four others you blocked the road at Sogopegu Plantation near Bena and held up a coffee buyer. You were armed with a shotgun and the others with you had bows and arrows, knives and axes. You threatened the occupants of the vehicle and stole K2000 which was money to be used to buy coffee. You threatened the lives of these people if they did not depart straight away from the scene. As I said, you carried a shotgun and pointed it at the driver.

This offence carries a maximum sentence of life imprisonment.

It is an unfortunate reality that offences of this type are becoming very common in the Highlands and hardly a week goes by without a report of such crimes.

People should be able to travel freely throughout Papua New Guinea and should not have to live in fear as many do, or armed robbers marauding on the roads. Your actions are most serious. They attack the very basis of people’s right of free movement, they threaten the lawful transaction of commerce and they damage your own people.

It is hard to imagine the fear and apprehension that suffered by the occupants of this vehicle. The potential for serious injury such raiding parties bring with them is great. In this case no personal physical injury was suffered, but this does little to assist you on sentence.

The roads must be free of this type of banditry. People who commit crimes such as yours can expect severe punishment.

Actions such as yours are not only a threat to individual law abiding citizens, they are also a threat to the economic life of the community of the highlands. They also, unfortunately, bring great discredit on your people, which is not justified.

You have pleaded guilty and I give you some credit for that. You surrendered yourself but only once you knew that your father had been apprehended in the course of police investigations. At least you showed your father some respect by your actions. Against this you have brought shame on yourself and your family. I can only give you a small amount of credit for your surrender in these circumstances.

The punishment I am going to impose on you is I believe a reflection of this society’s abhorrence of such activity where armed men hold up and rob people who are carrying out their lawful commercial activity. I believe that crimes such as yours are in the most serious category of offences which the Court has to deal with.

You are sentenced to six years in hard labour, you have served four months in custody which I take into account, you have five years eight months left to serve.

Lawyer for State: A/Public Prosecutor
Counsel: C Lewis
Lawyer for Defendant: A/Public Solicitor
Counsel: F Terra