State v Sam [2018] PGNC 593; N8008 (16 February 2018)

N8008

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR No. 83 OF 2018

THE STATE

V

SEDU LUCKY SAM

Daru: Koeget, J
2018: 12^th and 16^th February

CRIMINAL LAW- Indictable offence – Escaping from Lawful Custody – Section 139 of the Criminal Code Act chapter 262 – plea – Maximum Sentence – exercise of discretion under Section 19 of the Criminal Code Act.

FACT

The accused Sedu Lucky Sam was serving an imprisonment term of 2 years imposed upon him by the Daru District Court on 5^th of April, 2017.

On the afternoon of 14^th October 2017 between 3:30 o’clock and 4:00 o’clock, the accused escaped from lawful custody of Daru Corrective Institution Services by walking out of the institution and surrendering to the institution officers five hours later.

He voluntarily surrendered to the prison officials.

Cases Cited:

Nil

Counsel:

D. Mark, for the State
E. Sasingian, for the Accused

16^th February, 2018

1. KOEGET J: INTRODUCTION: The accused is charged with one count of Escaping from lawful custody pursuant to Section 139 of the Criminal Code Act, chapter 262.

ARRAIGNMENT

2. The accused pleaded guilty to the charge. This was confirmed by the admissions contained in the record of interview. So the prisoner was convicted accordingly.

ISSUE

3. The issue for the court to determine is what is the appropriate sentence the court should impose upon him.

LAW

“Section 139. Escape by prisoner.

(1) a person who, been a prisoner in a lawful custody, escapes from that lawful custody is guilty of a crime.

Penalty: a term of imprisonment of not less than five years.”

PERSONAL PARTICULARS

4. The prisoner is 36 years of age and is married with 3 children. Two children are attending school in Daru and the third child is at home with the mother.

5. He attended Daru High school and completed grade 8 then returned to live with his parents at Wapaura Kona in Daru town. He is a fisherman.

AGGRAVATING FACTORS

6. He showed disrespect to the law enforcement officers at Daru Corrective Institution Services when he escaped from custody.

MITIGATING FACTORS

7. He simply walked out of the prison unnoticed and voluntarily surrendered to the authorities five hours after the escape. He caused no disturbances when outside of prison.

SENTENCE

8. The prisoner walked out of the prison and five hours later voluntarily surrendered to the authority. That alone persuades me to impose a non custodial sentence. He had no intention of remaining outside of the prison permanently.

9. So in the exercise of the discretionary powers under Section 19 of the Criminal Code, the prisoner is cautioned and discharged from the indictment forthwith.
______________________________________________________________
Public Prosecutor: Lawyer for the State

Public Solicitor: Lawyer for the Accused