State v Nito [2019] PGNC 417; N8099 (26 September 2019)

N8099

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR No. 1019 OF 2019

THE STATE -v- SIOSI NITO

CR No. 1017 OF 2019

THE STATE -v- NIAME AWAU

CR No. 1018 OF 2019

THE STATE -v- JOHN MORRIS

Daru: Koeget, J
2019: 24^th & 26^th September

CRIMINAL LAW - Indictable offence – Escaping from Lawful Custody pursuant to section 139 (1) of the Criminal Code Act chapter 262 – sentence on guilty pleas – offence committed while serving sentences imposed by the National Court – sentences to be served cumulatively upon the first sentences

FACT

The prisoners were serving sentences imposed by the National Court in Daru on 10^th December, 2018.

On 01^st of April, 2019 the prisoners were on a work party assigned to collect firewood with several other prisoners outside the Daru Corrective Institution Services.

It is alleged that between 2 o’clock and 3 o’clock in the afternoon, the prisoners escaped and fled from lawful custody of Correctional Officers Dominic Iosia and others.

They were at large until arrested by the members of the Royal Papua New Guinea Constabulary after a tip-off by some community leaders.

Cases Cited:

Nil

Counsel:

D. Mark, for the State
J. Kolowe, for the Prisoners

26^th September, 2019

1. KOEGET J: INTRODUCTION: These prisoners are charged with one count of Escaping from Lawful Custody pursuant to Section 139 (1) of the Criminal Code Act chapter 262.

ISSUE

2. The prisoners pleaded guilty to the charge and were convicted accordingly.

3. The issue is what is the appropriate sentences court should impose upon each of them.

PERSONAL PARTICULARS

Siosi Nito

4. He is from Torobina village, Middle Fly in the Western Province. He is 19 years of age and is a bachelor and has no formal education.

Niame Awau

5. He is from Torobina village, in the Middle Fly district of the Western Province. He is 20 year of age and is a bachelor and has limited formal education.

John Morris

6. He comes also from Torobina village in the Middle Fly district of the Western Province. He is 20 years of age and is a bachelor and has limited formal education.

AGGRAVATING FACTORS

7. They are serving sentences for armed robbery imposed by the National Court in Daru on 10^th December, 2018.

8. The prisoner John Morris is serving a further sentence for Escape from Lawful Custody imposed by the National Court in Daru.

9. The prisoners John Morris and Niame Awau took a canoe and sailed across the strait to Daware village on the mainland when they were arrested by the police from Daru.

10. The prisoner Siosi Nito was left behind at Giwari Kona settlement on Daru Island because the canoe was fully loaded and there was no space for him to fit in the canoe.

MITIGATING FACTORS

11. The prisoners pleaded guilty to the charge and saved valuable time of the court.

SENTENCE

12. The prisoners were convicted by the National court for armed robbery and in this case convicted by the same court for Escaping from Lawful Custody.

13. They have not served half their sentences when they escaped from lawful custody. All have shown that they do not respect the rule of law. They ought to be further imprisoned to reflect that Courts do not tolerate such behaviours of offenders. They ought to serve sentences in different Corrective Institution Services to prevent repetition of commission of same office. The sentences therefore are as follows:

1. Siosi Nite

He is sentenced to be imprisoned for 5 years in hard labour. The sentence of five years is to be served cumulatively upon the first sentence for armed robbery. The sentences are to be served at Daru Corrective Institution Services.

2. Niame Awau
   

He is sentenced to be imprisoned for 5 years in hard labour. The sentence of 5 years is to be served cumulatively upon the sentence for armed robbery. The sentences are to be served at Ningerum Corrective Institution Services.

3. John Morris
   

He is sentenced to 3 years in hard labour. This sentence is to be served cumulatively upon the sentences for armed robbery and Escape from lawful custody. The sentences are to be served at Ningerum Corrective Institution Services.

ORDERS

(1) The prisoners John Morris and Niame Awau are to be transported to Ningerum Corrective Institution Services where they will serve their respective sentences.

Accordingly ordered.
_____________________________________________________________
Public Prosecutor: Lawyer for State

Public Solicitor: Lawyer of Accused