State v Tere [1997] PGNC 60; N1599 (16 May 1997)

Unreported National Court Decisions

N1599

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]
THE STATE
V
HICKSY TERE, MESA POU, MORRIS HOEA & PALA TAU

Kerema

Batari AJ
15-16 May 1997

CRIMINAL LAW - Sentence - Robbery - Robbery of vehicle - Occupants - Young men with no priors - Mitigating factors - Aggravating factors - Plea of guilty.

CRIMINAL LAW - Sentence - 16 year olds - Effect of imprisonment - Crowded conditions of gaols - Imprisonment away from own province - Suspended Sentence appropriate.

Counsel

D Mark for the State

J Ulge for the Accuseds

Sentence

The following judgment was delivered on sentence on pleas of guilty to armed robbery by four youths.

16 May 1995

BATARI AJ: You have each pleaded guilty to one count of armed robbery, contravening s. 386 (2) (1)&(b) of the Criminal Code. I must now sentence you.

The brief facts of your charge were that on 29 January, 1997 you set up ambush beside Karama Bridge after planning to rob vehicles travelling along that stretch of Kerema/Malalaua road. Your intention was to stop the vehicle at the bridge and rob its occupants. A Plant & Transport Board (PTB) vehicle driven by one Dennis Wangat approached the bridge and slowed down in order to cross safely. The four of you held up the vehicle, armed with two home-made guns, bush knives and grass knives. You threatened Dennis Wangat and took from him, his wallet containing Fifty-four Kina (K54.00). Sophia Papa, a passenger in the PTB vehicle had One Hundred and Forty Kina (K140.00) taken from him. The third person was stripped of his trousers which you took together with Sixty Kina (K60.00). Two spades were also taken from the PTB vehicle. You tried to steal the PT Board vehicle but because it could not start, you smashed the windscreen instead. That is the short summary of a serious case of robbery committed by armed young village youths.

Under s. 386 of the Criminal Code the crime of armed robbery carries life imprisonment. This penal servitude gives the Court the premise to consider your offence as serious and one which calls for heavy punitive measures.

You were armed with imitations of firearm. When I examined the two home-made guns in court, they could easily pass for genuine firearms. Whether the firearm was real or fake, loaded or unloaded is not relevant. The victim of a robbery is not to know this or expected to debate the odds at the risk of putting his life in jeopardy. It is sufficient that you caused the victims alarm and fear into submission to give up their properties to you in this case. One of your victims was also assaulted and humiliated. You were all in this together and I must sentence you on that basis.

Robbery committed by young people is quite prevalent in Papua New Guinea. Members of the public are fed up with young people like you, roaming the village, streets and settlements seemingly without anything better or useful to do, than prying on unsuspecting persons to steal from. I think most people will agree that those who commit offences of violence like murder, rape and robbery are dangerous to live among law abiding citizens and that such offenders should be put away in gaols for a long time.

It was submitted that your offence was precipitated by an experimental desire. I am not impressed by such absurdity. But if that was true, your evil and foolish desire has gotten you nowhere. You decided to break the law at the risk of being caught and punished. As you can now see, you are liable to be sent to prison for life. Luckily for you, no one was hurt and there is indication some of the properties taken have been recovered, or else your case would have fallen into the worst category of robbery.

For each of you, your lawyer has made helpful submissions. In the main, he has urged me to consider your youth; that you are each aged 16 years old and without a prior conviction; that you co-operated with the police and have each pleaded guilty. I accept all these in addition to your open expression of remorse.

Individually, you have pleaded the welfare of your families on allocutus. You have spoken invariably of the difficulties your unfortunate families will face if you are sent to gaol. I understand your sentiments. But at the time of the offence, none of you considered the welfare of his parents, brothers and sisters when you set out on your criminal venture.

I hope you will now realise crimes such as robbery do not pay. It only causes sorrow, misery and brings hardship to yourself and your loved ones.

I am troubled when I consider your sentence because of your young ages. I am mindful of the responsibility I have in passing a sentence that may have adverse impact on the future of a first young offender. If I send each of you to long term gaol sentences, you might come out worse than when you first went in because of your young ages and because I consider that young offenders are easily susceptible to influence from hardened criminals in gaols where separate facilities are not provided. The over-crowding of gaols that is now a common problem throughout the country, including Bomana Gaol which also caters for remandees and prisoners from Kerema Courts, in my view poses jeopardous situation particularly for young unsuspecting village offenders. I bear in mind also that, Bomana Gaol is outside your Province and this will deprive you the right to be imprisoned at a gaol near where your relatives are as the Constitution provides. Further, I do not think and there is no suggestion any of you is dangerous to be allowed back into your community early.

On the other hand, I propose to impose a sentence that should not only be deterrent on others but that should also punish and bring home to each of you at personal level that your conduct is punishable by imprisonment.

I sentence each of you as follows:

Micky Tete:	3 years imprisonment IHL.
Mesa Pou:	3 years imprisonment IHL.
Morris Hoea:	3 years imprisonment IHL.
Pala Tau:	3 years imprisonment IHL.

I suspend 2 years conditional upon you entering into your own recognisance to be of good behaviour for a period of 2 years. The remaining 12 months is to be served at Bomana Gaol, in hard labour.

Lawyer for the State: Public Prosecutor

Lawyer for the Accuseds: Public Solicitor