State v Barns [1997] PGNC 24; N1526 (13 March 1997)

Unreported National Court Decisions

N1526

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

CR 965 OF 1996
THE STATE
v
PETER BARNS

Waigani

Passingan AJ
5 March 1997
13 March 1997

REASONS FOR SENTENCE

13 March 1997

PASSINGAN AJ: Your have pleaded guilty to one Count of Armed robbery (S. 386 Criminal Code) and one Count of unlawfully using a motor vehicle without the consent of the owner (S. 383).

FACTS

For the purposes of sentence the facts are as follows:

On the 14th day of march, 1996 at about 6.30 am, the victim drove her vehicle to the Hohola Shopping Centre. The Vehicle was a Mazda 929 Sedan, Registration No. BAL -190. ad gone there to buy some some bread for the family. As she dro she saw four Your Youths drinking liquor near the shop. She st and before ould ut d ut of the vehiclehicle two of the four youths ran towards hrds her. One om was tall and slim alim and he had light skin. The owas shorte had dark sark skin. The tall p was aras armed rmed with a shotgun. He demanded for the vehicle Key and money.& The m then gave him thim the key and K20.00.

The person was one of the four youths.&#160 They got intovehicle and dand drove away0; They were apprehended sometime later after a Police chas chase.

You have pleaded guilty to a serious crime. I have toider ppropriate sate sentence to impose on you. In yoIn your favour e the the following factors into account:

(a) ; ҈ re a yo a young mang man aged 24 years;

(b) &<; yo0 have have no prno prior convictions, ts a foffen/p>

>

(c) your plea of guilty to both Counts unts have have saved alot of time and expenses of ru a tr/p> <&160; #160; ҈&##160; you; you are remorseful; and

(e) ; that you have been in cusn custody for a period of oar (s14th March, 1996).

The sentencing guidelines are set out in the case of Giof Gimble mble v The State [1988 - 89] PNGLR 271.&#1his comes the third Cird Categoategory (Rry (Robbery of a store, a motor Vehicle etc.). A sentence of 5 yearsuggesuggested in a contested case. And that a lesser sentence should be imposed in an uncontested case.

The only aggravating factor in this case is one of you was armed with a shotgun. However, there here is no evidence that you were the person with the shotgun. Also there is ndence that that violence was used against the victim. Furthermopart from deprivipriving the victim of her vehicle yougot aith only K20.00.<.00.

Taking into account all the relevant circumstances of your casr case I consider a sentence of 3 years imnment appropriate on Count ount one and 6 months imprisonment on Court two.

SENTENCE

Count 1: &ـʔ 360; 3 yearsyears I.H.L

Count 2: &##160; 6 months I.H.L (Concurrentrrent on Co)

ess:& 1 year period in custod

ORDERS

I order thar that aftt after yoer you have served 12 months of your senteou arbe red on condition that yoat you keeu keep peace and be of good for a period of 2 years.

Lawyers for thor the State: Public Prosecutor

Lawyer for the Accused: Public Solicitor