Public Prosecutor v Willy Moke Soki

• Jurisdiction: Papua New Guinea
• Judge: Frost CJ, Prentice DCJ, Williams J
• Judgment Date: 02 June 1977
• Citation: [1977] PNGLR 165
• Court: Supreme Court
• Year: 1977
• Judgement Number: SC116

Supreme Court: Frost CJ, Prentice DCJ, Williams J

Judgment Delivered: 2 June 1977

PAPUA NEW GUINEA

[SUPREME COURT OF JUSTICE]

THE PUBLIC PROSECUTOR

V

WILLY MOKE SOKI

Waigani

Frost CJ Prentice DCJ Williams J

30-31 May 1977

2 June 1977

CRIMINAL LAW — Appeal against sentence — Inadequacy of sentence — Dangerous driving causing death — Number of deaths may be considered as factor in sentencing — Dangerous driving causing six deaths — Recognizance to be of good behaviour — Custodial sentence called for but not imposed in view of 12 months' delay on appeal and expiration of recognizance.

APPEAL — Delay in bringing — Delays in provision of transcript and preparation of appeal books working injustice — Procedures suggested to prevent.

On appeal against inadequacy of sentence in circumstances where the respondent was convicted of dangerous driving causing death and sentenced to be discharged upon entering into a recognizance to be of good behaviour for 12 months (after taking into account five months spent in custody) it appeared that the offence which resulted in the deaths of 6 people occurred in December 1975, the sentence was imposed in May 1976, the notice of appeal delivered in June 1976, no transcript of evidence was available until December 1976, and that at the date of the hearing of the appeal the full term of the recognizance had expired.

Held

(1) For the offence of dangerous driving causing death, whilst appreciating that the causation of death should not be allowed to convert into "dangerous driving" behaviour which would not otherwise rank as such, the seriousness of the outcome (the number of deaths resulting) may be looked at as one of the relevant features in assessing what sentence is required to act as private and public deterrent, and to assure public conscience that the Law in the prevailing state of the community existing in Papua New Guinea will demonstrate an element of retribution.

(2) In the circumstances, the gravity of the offence was such that it clearly called for a custodial sentence of the order of six months and above (after taking into account the five months spent in custody).

(3) In view of the long delay in having the appeal heard and in view of the expiration of the recognizance to be of good behaviour, the appeal should be dismissed.

Comments on the delays in the provision of transcript and preparation of appeal books working injustice and procedures suggested to overcome these problems.

Appeal

This was an appeal pursuant to s. 23 of the Supreme Court Act, 1975 against sentence on the ground of inadequacy.

Counsel

K. B. Egan, for the appellant.

G. C. Lalor, for the respondent.

Cur. adv. vult.

2 June 1977

FROST CJ PRENTICE DCJ WILLIAMS J: Appeal is brought herein against inadequacy of sentence for an offence of dangerous driving causing death occurring in December 1975. The trial judge on 16th May, 1976 placed the respondent on a good behaviour bond.

At the outset the State Prosecutor conceded that if the appeal were allowed, the respondent should not nevertheless now be sentenced to imprisonment. He made this concession not only on the ground that such a long time had elapsed in bringing on the appeal (through no fault on the respondent's part), but also because the full term of the bond has now...