|
|
Home
| Databases
| WorldLII
| Search
| Feedback
National Court of Papua New Guinea |
PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]
CR 229 OF 2015
CR 630 OF 2015
CR 708 OF 2015
CR 709 OF 2015
CR 710 OF 2015
CR 711 OF 2015
BETWEEN:
THE STATE
AND:
CASPAR LOUIS, PAUL STEVEN, HUBERT KOREDE, STEWARD KORINA, SAMSON BANASO AND GELISON WILLIAM
Waigani: Salika DCJ
2017: 7, 9, 9, 10, 13, 14, 15, 16, 17, 20, 21, 23 & 24 March;
10, 11, 12, 13 April;
19 May; 2 June
CRIMINAL LAW – Practice and Procedure – sentence on charge of stealing – Criminal Code (Amended) Act (No 6) 2013 – penalty provision for stealing amount exceeding K1 million but not exceeding K10 million – liable to imprisonment of 50 years
Cases cited:
Belawa v The State (1988-89) PNGLR 496
The State v Iori Veraga [2005] PNGLR 607
The State v. William Kapris and others (2011) N4305 (Madang Robbery)
The State v William Kapris and 3 others (Kerema Robbery)
Counsel:
Ms R Koralyo with Ms L Jack, for the State
Mr E Sasingan with Mr Lugabai, for the Prisoners
02nd June, 2017
1. SALIKA, DCJ: INTRODUCTION: All prisoners in this matter were charged with one count of conspiracy to steal under s.515 of the Criminal Code Act and one count of Stealing under s.372 and s. 5 of the Criminal Code (Amendment ) Act No. 6 of 2013. On arraignment at the start of the trial all except Casper Louis denied the charges and pleaded not guilty. The matter of Casper Louis was adjourned while the trial of the others proceeded.
2. At the start of the trial there were nine accused. The State filed a Nolle Prosequi in respect of Bore Burom. At the close of the State case two other co-accuseds Alphonse Samson and Sonix Alowale were acquitted of the charges because no prima facie case had been established against them. In the end the Court found Paul Stevens, Hubert Korede, Stewart Korina, Samson Banaso and Gelison William guilty to the one count of Conspiracy to steal and one count of Stealing.
3. After the finding of guilt of the five prisoners, the Court then went on
to deal with Caspar Louis who pleaded guilty to the two charges. They have been reunited for sentence.
Issue
4. The issue before the Court is the appropriate sentence to impose on the
prisoners.
Brief facts
5. The G4S stealing was planned in the months of August and September, 2015 and the plan was executed with perfection on 4 October, 2015 with much success. There were four meetings one in Alphonse Samson’s house and one meeting at Hubert Korede’s house, at the ATS Settlement, Oro Block. Two of those planning meetings were in August and the other two meetings in September, 2015. Apart from those employed by G4S Security Services other outside men were engaged to join in the plan and to execute it. Rodney Kasi Alowale, Robin Boito, Jack Haro Jala, Samson Banaso, Alphonse Samson and Sonix Alowale were those engaged from outside to execute the plan.
car to go to the G4S Base and collect the Maybank money to be taken to the Bank of Papua New Guinea (Central Branch) for banking. Steven Uraliu drove the armoured car to the G4S vault and John Kondi released the nine tin boxes containing the cash money of K5, 960,000.00. The tin boxes were loaded into the armoured car and departed with a G4S Escort vehicle.
the right hand turn off near the Port Moresby Fire Station to the former main wharf, Robin Boito, son of John Boito, a former member of Parliament in his Nissan Vanette Bus would come in from the road near the Fire Station between the armoured car and the G4S Escort car and then pretend to have a problem on the Nissan Venette Bus. The bus would stop and block off the traffic coming behind the armoured car. This would then give the opportunity to the driver of the armoured vehicle to drive straight through to Crown Plaza and turn left to go up the Touaguba hill to Davetari Drive where a blue land cruiser would be waiting. The nine tin boxes would then be taken out from the G4S armoured car to the waiting blue land cruiser. Steven Uraliu, Steward Korina and Gelison William would be locked up in the armoured vehicle to make it look like they were robbed by Caspar Louis when in fact, they were simply following the plan and pretending to be really locked in. What was planned came to pass.
8. The blue land cruiser took the tin containing the monies to Boroko to Sonix Alowale’s house where the money was shared. Each of the participants got their share. The share of Steven Uraliu, Steward Korina and Gelison William was also put aside in bags and the group decamped and scattered to various locations in and around Port Moresby.
The Law
Case Law
The State v Iori Veraga
The State v. William Kapris and others (2011) N4305, 19 May, 2011 – Madang, Robbery
The State v William Kapris and 3 others – Kerema - Robbery
The sentence of each of the prisoners was based on specific roles each prisoner played in the successful execution of the plan.
Criminal Code (Amendment) Act (No. 6) 2013
on 28 May, 2013 and this law was certified on 18 September, 2013 by the
Speaker of Parliament. The amended law thus came into operation on 18 September, 2013. This offence was committed on 4 June, 2013. Conspiracy to commit the offence was done in the months of August and
September, 2013. The penalty for conspiracy is not one of those amended.
Criminal Code were amended:
Section 299 A. WILFUL MURDER OF A PERSON ON A COUNT OF ACCUSATION OF SORCERY
(1) Any person who intentionally kills another person on account of accusation that the person is practising sorcery, is guilty of wilful murder and shall be sentenced to death.
S.347 C – AGGRAVATED RAPE
Any person who sexually penetrates the vagina or anus or such other body parts of another person with any body part, object or implement, with consent:-
(a) Whilst armed with a dangerous weapon or offensive weapon or instrument: or
(b) In company with one or more other persons; or
(c) Cause grievous bodily harm to a person, before, after, or in the course of the offence; or
(d) Of the victim a child under the age of 10 years,
is guilty of the crime of aggravated rape and shall be sentenced to death.”
KIDNAPPING (AMENDMENT OF SECTION 353)
Section 353 of the Principal Act is amended in the penalty provision by repealing the words imprisonment for a term not exceeding seven years” and replacing them with the following: “imprisonment for a term of 50 years without remission and without parole:.
KIDNAPPING FOR RANSOM (AMENDMENT OF SECTION 354)
Section 354 of the Principal Act is amended in Subsection (1) in the penalty provision by repealing the words and figure “Subject to Subsection (2), imprisonment for a term not exceeding 14 years” and replacing them with the following:- “imprisonment for life without remission and without parole.”
STEALING (AMENDMENT OF SECTION 372)
Section 372 of the Principal Act is amended by adding after Subsection (1) the following new subsections: “(1A) If the thing stolen is money exceeding K1million and does not exceed K10 million an offender is liable to imprisonment for a term of 50 years without remission and without parole.
(1B) If the thing stolen is money exceeds K10 million, the penalty shall be life imprisonment.”
MISAPPROPRIATION OF PROPERTY (AMENDMENT OF SECTION 383A).
Section 383A of the Principal Act is amended by inserting the following new subsection:
“(1A) Notwithstanding Subsection (2), an offender guilty of the crime of misappropriation shall be sentenced –
(a) To imprisonment for a term of 50 years without remission and without parole, if the property misappropriated is of a value of K1 million or upwards, but does not exceed K10 million; and
(b) To life imprisonment if the property misappropriated is of a value of K10 million or upwards.”
OFFENCE OF ROBBERY (AMENDMENT OF SECTION 386).
Section 386 of the Principal Act is amended in Subsection (2) by repealing the words, “subject to Section 19, imprisonment for life” and replacing them with the following words “to be sentenced to death.”
SENTENCE OF DEATH (AMENDMENT OF SECTION 597).
Section 597 of the Principal Act is amended by repealing the words “to be hanged by the neck until he is dead” and replacing them with the following:-
“on the mode of execution of the death sentence from any one of those stated under Section 614(1).”
EXECUTION OF SENTENCE OF DEATH (AMENDMENT OF SECTION 614)
Section 614 of the Principal Act is amended by repealing Subsection (1) and replacing it with the following new subsection:
“(1) The punishment of death shall be carried out by any one of the following methods as determined by the Head of State, acting on advice from the National Executive Council:
(a) Hanging the offender by the neck until the person is dead: or
(b) Administration of anaesthetics followed by lethal injection; or
(c) Medical death through administration of anaesthetic and deprivation or oxygen; or
Mitigating Factors
Paul Stevens, Hubert Korede, Stewart Korina, Samson Banaso, Gelison William
Aggravating Factors
17. The specific aggravating factors of this crime are:
Personal Particulars
- 46 years old – Second born and has three brothers and two sisters.
- - Lababia Village, Salamaua, Morobe Province, Salamau – Goilala mixed parentage
- - Married with four male children aged 18, 16,14 and 12 years
- - The wife is from Manus and is now living is Manus with four children
- - At time of offence lived at Section 277, Lot 146, Roga Street Tokarara, National Capital District
- - Educated to Grade 10 level
- - Was employed by G45 as a static security guard, then to response Unit and to escort crew and then to armoured crew on Cash Valuable Transport Unit (CVT)
- - Was the banker for G4S for deposits and withdrawals
- - Terminated upon committing of the offence
- - Is healthy and fit
- is 48 years old
- fromTobava village, Ioma, Northern Province.
- married but wife passed away while he was in custody.
- Has 3 children aged 19 (girl), 15 (boy) and 9 (girl).
- took care of his late brother’s 4 children whose parents are both dead.
- at time of offence resided at Oro Block, ATS.
- Educated to grade 10 level and has a certificate in computing from Institute of Business Studies.
- Employed by G4S as Static Security guard in 2009 and promoted to Radio Operator and then to Radio Supervisor.
- terminated after commission of this offence.
- he is otherwise fit and healthy.
- has received character references from 3 community leaders saying how valuable he is to the community he lives in at the Oro Block.
21. Samson Banaso
- 47 years old
- fromTigunta village, Henganofi, Eastern Highlands Province.
- Married and has children aged 25 years, 18 years, 15 years, 8 years and 4 years.
- educated to grade 3 level at Kerevat Primary School from 1981 to 1983.
- because of his level of education he is not able to find a better paid job, was helping his uncle to work in his business.
- says he has urinal problems and has TB.
- his family rely on him for everything like food, clothing, education, that is everyday expenses, but he has been in custody for 3 years 7 months and his family appears to be coping, but of course life is hard.
22. Stewart Korina
- 30 years old from Togalu village, Sohe in the Northern Province.
- Married to Josephine Faresa from Gulf Province and has 2 sons, one adopted and one his own, his own son was born while he was in prison.
- wife and children living at Konedobu with the wife’s relatives.
- educated at Martyrs Secondary School in Popondetta.
- employed by G4S for 5 years starting as a Static Guard gunman to be with the cash and valuable transit unit.
- has a health issue in that he has a severe backache due to his spinal cord being hit by police but not been able to see a doctor on his health issue.
- as a result he is on pain killers medication.
- Plans to join his family when he finishes his sentence.
- plans to complete Grades 11 and 12 when this trouble is over.
21. Gelison William
- 39 years old from Liak village, Misima in the Milne Bay Province.
- Lived at Mynah Place, Erima at the time of offence.
- First born of 4 brothers and three sisters.
- Both parents alive and living at home in Misima.
- Educated to Grade 10 at Misima high School in 1995.
- Joined the PNG Defence Force in 1997 and served there for 13 years but was terminated for absconding duty.
- in 2010 he found employment with G4S as a security officer until the commission of this offence.
- is emotionally distressed when he sees Casper Louis because he is the one who got them all into this trouble.
- Suffers from the beating he got from the police.
- wants to reunite with his family after all these problems.
SENTENCE
22. The commission of the offence was deliberate. It was planned over a period of 2 months and was a well kept secret between them for over such a long period. The plan was to make the incident as if it was a robbery. While the first part of the plan was executed well, the ending part was not. In the end the execution part failed in that they were eventually bound to be rounded up and get caught.
23. This was a serious robbery or theft of a lot of money. Except for Samson Banaso the others were all employees of G4S Security Solutions. They had been trusted up until the incident. They were entrusted with taking care of G4S clients’ monies and to have them safely banked. They betrayed the trust.
24. The trust was not only the trust of G4S their employer but the trust from the clients of G4S. G4S lost business and reputation as a trusted security provider.
25. The reason the G4S Security guards committed this offence as explained by Casper Louis and others was that G4S did not insure their lives even though they were engaged and entrusted with handling a lot of cash, gold and other expensive items for G4S clients. One of their colleagues employed by G4S had lost his life in a helicopter crash while ransporting gold in the Morobe Province and the company G4S did not pay any compensation to the relatives and family of their dead colleague. They petitioned their employer twice but their employer brushed aside their petition without taking any positive steps to increase their salaries, pay risk allowance and insure their lives. Thereafter took this choice out of frustration.
26. While I do not condone the action of these prisoners actions which is very serious and is a dent in honesty and trustworthiness of security officers, employers of such persons in the security industry should be mindful of the conditions of employment of such personnel. In PNG, human labour is not cheap and there are many risks. Employers too must check the background of the persons they are seeking to employ before employing them. This case should be a lesson to learn from. Some good must come out from this case.
27. The previous maximum penalty for stealing over K2,000.00 was 10 years imprisonment and the courts imposed between 1 year and 10 years imprisonment terms for offences that fell in that category. That was because the law limited it to 10 years. The law has now increased the penalty to 50 years for amounts stolen in excess of K1 million up to K10 million. This case falls into that category now and so the sentences must follow the law. The case authority of Belawa v The State (1988-89) PNGLR 496 may now have to be revisited with the coming into being of the amended law of the penalty provision.
In this case therefore, the sentences will now be increased to reflect the change in the law regarding penalties to be imposed.
28. A total of K5,960,000.00 was stolen. Some of the money totalling K1,553,000.00 was recovered but K4,407,000.00 remain outstanding and chances of recovery are nil now after 3 years and 8 months.
29. The penalty provision under s.372 of the Criminal Code was amended by Parliament in 2013. When this crime was committed the new amendment law was already in operation and so the prisoners in this matter are caught out under the amended law. The maximum penalty for stealing K1 million to K10 million is a term of imprisonment for up to 50 years. The court has a duty to impose penalties passed by Parliament because that is now the law.
30. Considering the circumstances of this matter. The case precedents and the amended penalty provision increasing the penalty from 10 years to 50 years, I impose the following sentences:
For conspiracy to steal – Count 1
Count 2 for Stealing
31. Each of you have been in custody for 3years 8 months. That is taken away from the term of imprisonment. The imprisonment terms of counts 1 and 2 will be served concurrently. The balance of the sentence to be served are:-
________________________________________________________________
Public Prosecutor: Lawyer for the State
Public Solicitor : Lawyer for the Defence
PacLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.paclii.org/pg/cases/PGNC/2017/115.html