State v Petrus [2014] PGNC 363; N6522 (22 October 2014)

N6522

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR 1290 of 2010

THE STATE

V

VINCENT KARAUS PETRUS

Kandrian: Batari, J
2014: 22 October

CRIMINAL LAW – sentence – armed robbery – accused in company of one other held up a vehicle owner at a residential area and stole from him K1,000 and personal items with actual violence – robbery of vehicle at residence – area – 6 years imprisonment appropriate.

Cases Cited
No case cited

Counsel
D. Mark, for the State
D. Kari, for the Accused

SENTENCE

22^nd October, 2014

1. BATARI, J: This morning you appeared in Court and pleaded guilty to one count of aggravated robbery. The incident occurred five years ago on 18 October, 2009. You will now be punished for your part in that offence.
   
2. The circumstances of your offence are that on the morning of the date in question, one, Pumas Itam drove to Section 21, Bush Camp, Kimbe to have his vehicle checked by a motor mechanic. Together with an accomplice, you accosted him, armed with a bush-knife. You then grabbed his bag and when he resisted; your friend cut his hand with the bush-knife, causing him to release the bag. The bag containing K1, 000 in cash was later retrieved with some personal items less the cash content. You then went into hiding until your arrest in April 2010.
   
3. The prescribed maximum penalty for the offence of armed robbery in 2009 was life imprisonment. Instances of armed robberies involving threats of violence or actual violence and being committed with increasing planning and sophistication bring bad name and shame to the people and the country. Victims are traumatised; small local businesses suffer hardship and distress from substantive losses from a robbery. On a larger scale, investor confidence and consequently, the economy of this country are affected. This sad fact also has adverse effect against the right to employment when business houses are forced to close doors. The prevalence of aggravated armed robberies has resulted in Parliament seeing fit to elevate robbery to a death penalty crime in the recent amendment to the Criminal Code.
   
4. In this case, the victim was not only threatened. He was physically attacked, injured and lost K1, 000.00 in cash. That was a substantial loss to the victim. The money was for his employees’ wages. You caused him that loss and desolation.
   
5. The incident happened at a town settlement. It is this kind of disturbing anti-social behaviour that denigrates the good name of the community and causes the people so misery and shame. It forces men, women and children to restrict their movements despite the Constitution guarantee of freedom to move around freely.
   
6. You committed a robbery that falls in between a street robbery and robbery of a vehicle on the road. Consideration is also had of the location of the robbery being in a residential area where there is a greater potential of danger to the innocent bystander. The punishment for street robbery has gone up from 3 years to 6 years while robbery of a vehicle has gone up from 5 years to 8 years as the starting points. The circumstances of aggravation here are that:
   
   • (a) you were armed with a bush-knife, being a dangerous weapon;
   • (b) in company of others;
   • (c) actual violence was used when you struck the victim with the bush-knife;
   • (d) K1,000.00 represents a substantial loss to an individual; and
   • (e) the offence is most prevalent in Kimbe and in the country.
   • (f) Robbery was within the residential area.
     
7. A sentence in the upper end of a 7 to 15 years range would be sufficient to be reduced only by mitigating factors that are in your favour. Sufficient mitigating factors should bring your case within the middle range of 6-10 years. I do not think the lower range of 3 to 8 years would apply in your case.
   
8. Your lawyer has asked me to consider a number of factors in your favour. You have also expressed remorse. That supports your plea of guilty.
   
9. You committed the offence at age 17 years. This is your first conviction. Your case falls into the youthful offender category which would usually be considered as a factor in mitigation. Your offence is not only very serious. Nevertheless, it is the kind of offence usually committed by young men like you. I do not find any factor that would support a youthful offender. For that reason, the youth factor loses its significance as a factor in mitigation.
   
10. Your lawyer has asked the Court to consider your plea of guilty, your remorse and your past good conduct. I agree, those are the only considerations worthy of taking into account and I have taken those factors into account.
    
11. I have always stressed, a plea of guilty should be reflected on sentence for two basic reasons:
    
    • (a) It saves the Court, police and State time and expenses in conducting a trial.
    • (b) A reduction for a plea should be an incentive itself to plead guilty.
      
12. The plea of guilty is an important factor in reducing sentencing if it is taken at the earliest opportunity, it is supported by an early admission to the police and the prisoner expresses remorse. The expression of remorse must also be supported by the early admissions and cooperation with police, at the time of arrest, the plea of guilty in open court, to be genuine.
    
13. In your case, you had admitted the offence following your arrest. But then you were in custody for 2 years and 8 months for your case. Following that long wait, you escaped from custody. The slow court process I think should also carrying some blame for your long wait and your subsequent escape. You were arrested in your village during these sittings in Kandrian and you have pleaded guilty at the earliest opportunity. I am satisfied these factors should be sufficiently reflected on sentence. I also accept that, you have not been in trouble before.
    
14. Weighing up all those matters for and against you, a term of imprisonment within the 6-10 year range is warranted. You have spent 2 years 8 months in pre-trial custody. That period will be deducted.
    
15. You are sentenced to 6 years imprisonment less 2 years and 8 months. The balance for you to serve is 3 years and 4 months.
    

Sentenced accordingly,

___________________________________________________________________
Public Prosecutor : Lawyer for the State
Public Solicitor : Lawyer for the Accused