Public Prosecutor v Sam Nimimo

• Jurisdiction: Papua New Guinea
• Judge: Frost CJ, Williams J, Kearney J
• Judgment Date: 25 July 1977
• Citation: [1977] PNGLR 226
• Court: Supreme Court
• Year: 1977
• Judgement Number: SC119

Supreme Court: Frost CJ, Williams J, Kearney J

Judgment Delivered: 25 July 1977

PAPUA NEW GUINEA

[SUPREME COURT OF JUSTICE]

THE PUBLIC PROSECUTOR

V

SAM NIMINO

Waigani

Frost CJ Williams Kearney JJ

25 July 1977

CRIMINAL LAW — Appeal against sentence — Inadequacy of sentence — Stealing — Circumstances of aggravation not taken into account — Sentences of twelve months' imprisonment substituted for sentences of three months' imprisonment — Criminal Code s. 384 (4) (f).

On appeal against inadequacy of sentence in circumstances where the respondent pleaded guilty to and was convicted on two charges of stealing and sentenced to three months' imprisonment on each count, the sentences to be served concurrently, the evidence disclosed that the accused was employed as a servant in the dwelling house of an employee of the Hotel Kwikila who had cause from time to time to keep cash from the hotel in a locked cupboard in his house. The respondent having acquired possession of the key to the cupboard from a wallet and whilst his employer was ill, opened the cupboard with the key and removed on two occasions sums of K800 of which approximately K860 was recovered.

Held

(1) There being circumstances of aggravation pursuant to s. 384 (4) (f) of the Criminal Code present, in that in order to commit the offence the respondent had acted in a premeditated manner in acquiring and using the key, it was clear from the sentences imposed that the trial judge had overlooked the legislative intention that the special cases set out in s. 384 of the Criminal Code require on increased sentence, and accordingly there should be substituted sentences of twelve months' imprisonment on each count, to be...