State v Marega [2019] PGNC 315; N7982 (25 July 2019)

N8014

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR NO. 1328 OF 2019

THE STATE

V

ROBIN MAREGA

Kerema: Koeget, J
2019: 15^th, 25^th July.

CRIMINAL LAW - Indictable offence – stealing pursuant to Section 372 (1) of the Criminal Code – guilty plea – sentence on guilty plea – Exercise of court’s discretionary powers under Section 19 of the Code

FACT

On the morning of 29^th August 2008, the accused was with the complainant Sau Airi in a residence in Port Moresby. The complainant went into the bathroom to have his shower leaving his bag containing a wallet and a BSP Account Kundu Card in the room he shared with the accused.

The accused stole the complaint’s Kundu Card without his knowledge and took possession of it. He used the Kundu Card to withdraw cash of K800.00 and applied proceeds to his own use.

The complainant discovered the disappearance of his Kundu Card and questioned the accused. The accused denied it initially but admitted it after persistent interrogation so the incident was reported to the police resulting in his arrest and charge for theft of K800.00 from the BSP bank account of the complainant. The Kundu Card was returned to the complainant.

Cases Cited:

The State –v- Kingsley Bege (2018) N7511
Counsel:

D. Mark, for the State
I. Pelaea, for the Accused.

25^th July, 2019

1. KOEGET J: INTRODUCTION: The accused is charged with one count of Stealing pursuant to Section 372(1) of the Criminal Code Act chapter 262.
   

ISSUE

2. The accused pleaded guilty to the charge so he was convicted accordingly. The issue for the court to determine is what is the appropriate sentence to impose upon him.
   

LAW

3. “Section 372. Stealing
   
   • (1) Any person who steals anything capable of being stolen is guilty of a crime.
     

Penalty: subjection to this section, imprisonment for a term not exceeding three years.”

PERSONAL PARTICULARS

4. The prisoner is 33 years of age but was 23 years old when he committed the offence. He is married with six children and all the children are residing with him at Evoro settlement at the outskirts of Kerema town. His wife is employed as a casual at Baimuru District office and she resides at Baimuru station.
   

AGGRAVATING FACTORS

5. The prisoner stole from his uncle and as a result his actions breached the trust the uncle placed upon him. Such offence is prevalent in the country.
   

MITIGATING FACTORS

6. The prisoner admitted committing the offence to the police and pleaded guilty to the charge so has save valuable time of the court. He is a first time offender.
   
7. The sum stolen is fully repaid and accepted by the complainant outside the court house. He spent three months in custody before being released on cash bail of K300.00. The receipt for the bail is in the file but there is no record of what happened to that money when he absconded bail and was on the run for ten years.
   

SENTENCE

8. The complainant trusted the accused as a nephew when he was accompanied from Kerema to Port Moresby and to the same dwelling house. He left his bag with the Kundu Card in the room he shared with the prisoner and went into the bathroom to have shower after the long journey from Kerema to Port Moresby by road.
   
9. The prisoner cannot be trusted because he stole the Kundu card and stole cash from the bank account when he withdrew the sum of K800.00 and applied proceeds to his own use.
   
10. It took the prisoner ten years to repay the sum stolen so he is not genuine in repayment of the money. He evaded prosecution for ten years but was arrested on bench warrant when he went to Kerema Police station to report a complaint over an unrelated incident.
    
11. The complainant was in court and is happy as the money is fully repaid which he accepted. In this regard a non custodial sentence would be fair and just in the circumstances of the case. The prisoner is sentenced to three months imprisonment in hard labour. The pre-trial custodial period is substituted for the sentence.
    

ORDERS

(1) The prisoner is sentenced to 3 months in hard labour.
(2) The three months pre-trial custodial period is substituted for the sentence.
(3) The prisoner has served the sentence so he is released from custody forthwith.

Accordingly ordered.

Public Prosecutor: Lawyer for the State

Public Solicitor: Lawyer for the Accused