State v Dong [2000] PGNC 31; N1990 (17 April 2000)

N1990
PAPUA NEW GUINEA

[IN THE NATIONAL COURT OF JUSTICE IN MADANG]

CR 476 OF 2000

THE STATE

-V-

TED DONG,
TERENCE SIMON WAKON,
WEI ROBERT TIRA,
KUBAI TATU TIRA,
JAMES KAMES

MADANG : SAWONG J.
2000 : 14TH, 17TH APRIL

CRIMINAL LAW – Sentence – Break, Enter and Steal – Plea of Guilty – Young first offenders – Terms of imprisonment

Counsel:
MR. RUARRI, for the State
MR. KARI, for the Accused.

17th April, 2000

SENTENCE

SAWONG J. Each of you pleaded guilty to breaking, entering and stealing various goods from the Piskulic Trade Store, Karkar Island on night 28 November 1999. The trade store and the goods were the property of Karkar Estate company. This is an offence under S. 398 of the Code.

The facts of your case are as follows. The five of you together with several others from your village, on the night of 28 November 1999 broke and entered this Piskulic Trade Store on Karkar Island and stole many goods from that shop. The shop and the goods were owned by Karkar Estate Company.

YOUR PERSONAL ANTECEDENTS

TED DONG, you are a 20 years old single man. Both of your parents are alive. You are the first born in your family of 2 sisters. You completed grade 6 in 1991 you have never been employed. You are a first offender. You have been in custody since 29 November 1999, a period of 4 months and 18 days.

TERRENCE SIMON WAKON, you are a 19 year old single man. Both of your parents are alive. You have one other brother and 3 sisters. You completed grade 8 in 1994 at Karkar High School. You were living as an ordinary villager up until you committed this crime. You are also a first offender. You were apprehended on 29 November 1999 and have been in custody since, a period of 4 months and 18 days.

WEI ROBERT TIRA & KUBAI TATU TIRA, both of you are twins. And you are 16 years old. Single. You have 3 other brothers and 4 sisters. Both of your parents are alive. Wei Robert Tira – you completed grade 3 only. You had been employed as casual by Karkar Estates Company, as a labourer, but at time of committing the offence you were unemployed.

You were apprehended on December 1999 and have been in custody since – a period of 4 months and 16 days.

Kubai Tira – you completed grade 5 only and was a villager when you committed offence. You have then been employed.

You were apprehended on 29 February 2000 and have been in custody since, a period of 1 month and 18 days. Both of you are first offenders.

JAMES KAMES, 16 year old. Single. Completed grade 8. Both parents alive. Came from a family of 2 sisters and a brother. At time of offence, had been living as a simple villager. You are first offender. Arrested on 1st December 1999, and have been in custody since, a period of 4 months and 16 days.

Each of you was given an opportunity to speak on your allocutus. I have taken note of what each of you have said. In particular, I note that Ted Dong and James Kames said sorry for what each of you did.

The offence you committed is a serious one, because it attracts a maximum sentence of up to 14 years imprisonment. You can see that you could go to jail for many many years. The offence is a prevalent offence, and it is being committed by persons in your age group.

But I accept what your lawyer said, namely that the sentence ought to be short and sharp custodial sentence. I accept that such a sentence showed out both as personal deterrent to each of you and also as public deterrent.

I have been concerned with 3 of you, namely Wei, Kubai and James, because the three of you are young. But your youthfulness must be balanced with other factors, and in my view this offence being a prevalent one and is being committed by persons in your age group, no special treatment will be given to you. However, because of your ages, your heard sentence will be slightly reduced.

In your favours, I take note of the fact that each of you pleaded guilty, that each of you had co-operated with the police and made admissions. Plea of guilty before Court is genuine. Some property stolen were returned to the owner.

All of you are first offenders.

James Kames and Ted Dong said sorry for what they did.

I can understand why you did this trouble and I think it would be fair to say that the reason why you did it is as explained by Ted Dong on his allocutus.

In all the circumstance, each of you is convicted and sentenced as follows:

Ted Dong and Terrence Simon Waiko - 3 years IHL

Less time spent in custody - 4 months & 18 days

To serve a balance of = 2 years 7 months & 12 days

Wei Robert Tira & James - 2 years 6 months ILL

Less time spent in custody - 4 months 16 days

To Serve = 2 years 1 month & 14 days

Kubai Tira - 2 years 6 months ILL

Less time spent in custody - 1 month & 18 days

To Serve = 2 years 5 months 12 days ILL
________________________________________________________________
LAWYER FOR THE STATE : PUBLIC PROSECUTOR
LAWYER FOR THE ACCUSED : PUBLIC SOLICITOR