N7895

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR (FC) No.  76 OF 2019

THE STATE

V

HENRY STEVEN

Kiunga: Koeget, J
2019: 8th, 17th May

			
CRIMINAL LAW-Indictable offence – In possession of stolen property pursuant to section 410 (1) of the Criminal Code Act chapter 262 – Sentenced on guilty plea – properties recovered by the police on arrest – prisoner did not benefit from commission of offence – mitigating factors out weight aggravating factors – lenient sentence to be imposed.

FACT

On 21st June 2018 at 9 o’clock in the morning, the accused was a passenger travelling in a motor vehicle from Tabubil to Kiunga town.  At Kilometer 101 near Ningerum station the police mounted a road block on the Tabubil-Kiunga Highway following a tip off after the robbery of cash of K200,000.00  belonging to Bank of South Pacific Ltd Tabubil branch the previous day.  The police searched all vehicles including passengers at the road block.

The accused was searched and the police found in his bag the sum of K6,540.00 and confiscated it.  He was questioned by the police in regard to the cash found in his possession.  He admitted that the money was given to him by a Mabiria Peter and others who stole the sum of K200,000.00 from the employees of Bank of South Pacific Ltd on 20th June 2018 at Niugini Pride ATM in Tabubil.

Cases Cited:   

The State –v- David Mokmok
Counsel:

Mr. D. Mark, for the State
Mr. E. Sasingan, for the Accused

17th May, 2019

1.	KOEGET J: INTRODUCTION: The accused is charged with one count of being in possession of stolen property pursuant to section 410 (1) of the Criminal Code Act Chapter 262.  The money belong to the Bank of South Pacific Ltd branch at Tabubil in the Western Province.

ARRAIGNMENT

2.	The accused pleaded guilty to the charge and he was convicted accordingly.

ISSUE

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

LAW

“Section 410 – Receiving Stolen property, etc.

(1)	A person who receives anything that has been obtained by means of – 

(a)	an act, constituting an indictable offences; knowing it to have been so obtained, is guilty of a crime.

Penalty:	subject to sub section (2), imprisonment for a term not exceeding seven years.	
(2)	If the offence by means of which the thing was obtain is a crime, the offender shall be imprisoned for a term not exceeding 4 years.”
PERSONAL PARTICULARS

4.	The prisoner is 39 years of age and he is a bachelor.  He completed grade 5 in a primary school at his home province of Hela.  He returned home and lived as a villager before coming to live at Tabubil in the Western Province.

AGGRAVATING FACTORS

5.	The prisoner had in his possession stolen money recovered by police at the road block.  Such offence is prevalent in the country.

MITIGATING FACTORS

6.	The prisoner cooperated well with the police by admitting that the cash in his possession was stolen.  He pleaded guilty to the charge and saved valuable time of court.

7.	The amount of cash was fully recovered by the police so the Bank South Pacific Ltd had recouped its money from the prisoner.  He did not benefit from commission of the offence.  He is a first time offender.  He has been in custody awaiting completion of the case for 10 months.

SENTENCE

8.	The prisoner had in his possession the sum of K6,540.00 given to him by Mabiria Peter and others.  This money was part of the K200,000.00 stolen by thieves from Bank South Pacific Ltd employees on 20th June 2018 at Tabubil.

9.	The police confiscated the whole amount from the prisoner at the road block and so he did not benefit from commission of the offence.

10.	The prisoner is a first time offender and he cooperated well with the police.  He pleaded guilty to the charge and saved valuable time of the court.

11.	Such offence is prevalent in the country and offenders ought to be given severe sentences.  However, each case must be decided on its own facts and circumstances.  In this case, no violence was used to obtain cash and police took possession of it when discovered at the road block.  The mitigating factors out weigh the aggravating factors so in my view a light sentence should be imposed on the prisoner.

12.	The prisoner is sentenced to three (3) years in hard labour and since he has been in custody for 10 months, this period is deducted.  The prisoner is to serve the balance of 2 years and 2 months at Ningerum Corrective Institute Services.

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