N7200

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR NO. 1485 - 1506 OF 2016

THE STATE 

V

GRAYSON SANGARA & 20 ORS

Popondetta   :    Koeget, AJ
2017:  13, 14, 15, 16 June & 19 July

CRIMINAL LAW - Indictable offence – Break, Enter and Stealing – section 393 of the Criminal Code Act chapter 262 – plea – Maximum sentence – Discretion under section 19 of the Criminal Code Act .

FACTS

The twenty-one accuseds are villagers from the Siremi and Anogo villages of the Northern Province.
	
On the 24th November 2014, they marched from their respective villages to the Girua blocks and broke in and entered the premises of Benford Kerahu Ondirari and stole properties of considerable value. 

The members of the Royal Papua New Guinea were alerted and when the police attended the scene, some were arrested and taken into custody while others were arrested the following day in their respective villages.  

The State alleged that the goods stolen belong to the victim Benford Kerahu Ondirari.

Counsel:	

L. Toke, for the State
E. Yavisa and C. Namono, for the Accused
19th July, 2017

1.    KOEGET AJ:  INTRODUCTION:  The 21 accuseds are charged with Break, Enter and Stealing of a dwelling house at Girua Block in the Northern Province.  The charge is brought pursuant to section 398 (a)(i)(ii) of the Criminal Code Act chapter 262.  

ARRAIGNMENT

2.   All accuseds pleaded guilty to the charge and were convicted accordingly.

ISSUE

3.   The issue for the court to determine is what is the appropriate sentence the court ought to impose upon the prisoners.

LAW

4.  “398.   Breaking into buildings and committing crime.

A person who – 
(a)	break and enters –
(i)	a school house, shop, warehouse, counting house, office, store,
vehicle, garage, hangar, pavilion, factory, workshop, tent, caravan, petrol station, ship, aircraft, vessel or clubs; or

(ii)	a building that is adjacent to a dwelling house and occupied it, part of it is not part of it, and commit a crime in it, is guilty of a crime.

Penalty:    Imprisonment for a term not exceeding 14 years.”

PERSONAL PARTICULARS

5.   The ages of the prisoners range from 19 years to 50 years and 19 of them are villagers and are subsistence gardeners.  The prisoners, Grayson Sangara and Phil Sangara are employed, one as a Primary School teacher and the other as an Electrical Engineer employed by PNG Power Ltd at Rouna in the Central Province.

AGGRAVATING FACTORS

6. A large group of armed men from two villages were involved in the commission of the offence.  They broke, enter and stole goods of substantial value during the day time.  The goods stolen were not recovered.  The occupants of the dwelling house fled to safety and sought refuge with friends and relatives in Popondetta town.  The offence was committed during day time within the view of bystanders at Girua blocks.

MITIGATING FACTORS

7.   The prisoners pleaded guilty to the charge and so saved valuable time of the court.  All prisoners were remorseful and pleaded for leniency of court.

They are first time offenders and regrettably say that what they did was a foolish act.

They have been in custody for 3 weeks 6 days before release on cash bail of K500.00 each.  So each prisoner now appears from bail.

SENTENCE

8.   Such offence is prevalent in the country and deterrent sentence is called for.  A large number of people were involved in the commission of the offence and the occupants fled the house in fear of their lives.

9.     The maximum sentence for such offence is an imprisonment term not exceeding 14 years.

10.     However, the court has discretionary powers under section 19 of the Criminal Code Act to impose lesser sentence upon the prisoners.

11.    Since the prisoners were released on cash bail of K500.00 each with reporting conditions, they have faithfully attended the court hearing in the month of June 2017 and also July 2017.

12.     They are first time offenders and have behaved well since date of release from custody on cash bail of K500.00 each.

13.    In the given circumstances of this case, I exercise the court’s discretionary power under section 19 of the Criminal Code Act and sentence the prisoners to the rising of the court.

14.    Pursuant to section 2 of the Criminal Law (compensation) Act, the following are orders for compensation payment to the victim:

ORDERS

1.	The prisoners are to pay the Complainant, Benford Kerahu Ondirari the sum of K1,000.00 each.

2.	The bail monies of the prisoners are converted to paying the compensation.

3.	The balance of K500.00 is to be paid to Benford Kerahu Ondirari by the end of November, 2017.

4.	The payment of the balance of K500.00 is to be paid at the Popondetta Police station and such payment must be witnessed by the Provincial Police Commander, the Police station commander, the OIC CID and the arresting officers.

5.	Should the prisoners do not pay the K500.00 to Benford Kerahu Ondirari as ordered, they shall be brought before the court to be dealt with for the suspended portion of the sentence.

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