State v Ula [2018] PGNC 576; N7758 (17 October 2018)

N7758

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR No. 678 OF 2018

THE STATE

V

DADE ULA

Kiunga : Koeget, J
2018: 14^th August
17^th October

CRIMINAL LAW- Indictable offence – Break, Enter and stealing – under section 398 (a)(i) of the Criminal Code Act – sentence on guilty plea – Exercise of discretionary powers of court under section 19 of the Code.

Counsel:

Ms. M. Tamate, for the State

J. Kolowe, for the Accused.

17^th October, 2018

1. KOEGET J; INTRODUCTION: The accused is charged with one count of Break, Enter and Stealing pursuant to section 398 (a)(i) of the Criminal Code Act chapter 262.
   

Facts

2. On the morning of 1^st of September 2017 at about 7 o’clock, Anthony Hang, Manager of Zong Siang Trading in Kiunga went to his shop and discovered that several goods such as mobile phones, flex cards and bottles of alcohol were missing from the shelves. He noticed a hole in the roof of the liquor bar section of the shop and realised that his shop was broken into. He then checked the surveillance camera of the shop and saw image of the accused in breaking into the shop and stealing goods.
   
3. The incident was reported to the police and the suspect seen in the camera footage so he was identified as the accused and apprehended.
   
4. The accused admitted to the police that he broke into the shop at 4 o’clock in the morning by climbing over the tree and he used a pinch bar to break open the wall and he entered the bar section. He admitted stealing 15 mobile phones, 2 alcohol bottles and cash of K12,800.00.
   
5. He distributed the phones, flex cards and cash to other youths and he kept one mobile phone and cash of K5,000.00.
   

ARRAIGNMENT

6. The accused pleaded guilty to the charge and a provisional plea was recorded. I perused the committal depositions tendered by the State and noted admissions in the record of interview with the police so his guilty plea was confirmed. He was convicted accordingly.
   

ALLOCUTUS

7. The prisoner was remorseful and pleaded for leniency of court.
   

Personal Particulars

8. The prisoner is 18 years of age and is a bachelor and was in grade 8 at Monfort Primary school in Kiunga when he committed the offence. He resides with his elder sister as his parents are now deceased.
   

AGGRAVING FACTORS

9. Substantial amount of goods and cash were stolen and not recovered by the police. Such offence is prevalent in Kiunga town and in the country as well.
   

MITIGATING FACTORS

10. The prisoner is a first time youthful offender. He cooperated with the police and admitted committing the offence to them. He pleaded guilty in court and saved valuable time of court. He is remorseful and plead for leniency of court.
    

LAW

“Section 398. Breaking into buildings and committing Crime.

A person who –

(a) Breaks and enter –

• (i) a school house, shop, ware-house, counting-house,

office, store, vehicle, garage, hangar, pavilion, factory,

workshop, tent, caravan, petrol station, ship, aircraft, vessel or club is guilty of a crime.

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

11. The prisoner has been in custody awaiting disposal of the case for 13 months.
    

SENTENCE

12. The prisoner acted alone in the commission of the offence. He admitted commission of the offence and pleads for leniency of court when imposing sentence upon him.
    
13. In this circuit, I impose lenient sentences upon prisoners who committed similar offences but acted in concert and much of stolen goods not recovered by police.
    
14. In this case, I will not deviate from such pattern of sentencing. The prisoner has been in custody awaiting disposal of the case for 13 months and in my view such period is sufficient punishment for the offence he committed. An imposition of additional custodial sentence in the circumstances of the case would be excessive.
    
15. So the sentence of the court is that the prisoner is sentenced to be imprisoned for 13 months in hard labour.
    

ORDERS

(1) The pre-trial custodial period of 13 months is substituted for the sentence imposed. The prisoner is to be released from custody forthwith.

Sentenced accordingly

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