Secretary for Law v Suares

• Jurisdiction: Papua New Guinea
• Judge: Denton AJ:
• Judgment Date: 28 November 1974
• Citation: [1974] PNGLR 288
• Court: Supreme Court
• Year: 1974
• Judgement Number: FC70

Full Court: Prentice J, Lalor J, Denton AJ

Judgment Delivered: 28 November 1974

PAPUA NEW GUINEA

[SUPREME COURT OF JUSTICE]

SECRETARY FOR LAW

V

SUARES

Port Moresby

Prentice Lalor JJ Denton AJ

26 November 1974

28 November 1974

CRIMINAL LAW AND PROCEDURE — Appeal against sentence — False pretences — Collation of offences — Totality of sentences not exceeding maximum for crime — Considerations generally.

The respondent was convicted on four charges of false pretences under s. 428 of the Criminal Code (Queensland adopted) involving $35,920 and sentenced to four consecutive terms of imprisonment totalling in all two years and six months. Each charge carried a maximum sentence of three years' imprisonment. Fifty-six other charges of making false entries as a servant were taken into account. On appeal against inadequacy of sentence,

Held

(1) That the totality of the sentence must be looked at and considered collectively. The four offences were not such as necessarily to demand a totality of sentence in excess of the maximum of three years for any one offence and should stand.

Observations on the desirability for concurrent sentences of relatively substantial length being imposed in similar circumstances, rather than a series of minor sentences.

Per curiam: Although all factors personal to a prisoner should be taken into account on sentencing, the inability of an expatriate prisoner to receive visits from a family in Australia is not an appropriate factor calling for leniency.

Appeal

This was an appeal by the Secretary for Law against the inadequacy of sentence on four convictions for false pretences inducing the production of cheques (s. 428 of the Criminal Code (Queensland adopted) ). The trial judge after taking into account fifty-six other charges of making false entries as a servant imposed consecutive sentences of six months, six months, twelve months and six months. Each charge carried a maximum sentence of three years' imprisonment.

Counsel

L. W. Roberts-Smith and B. M. Ryan, for the appellant (Secretary for Law).

L. K. Young, for the respondent.

Cur. adv. vult.

28 November 1974

PRENTICE J: Appeal is brought herein against the inadequacy of sentence on four convictions for by false pretences inducing the production of cheques (s. 428 of the Criminal Code (Queensland adopted) ) whereby the respondent obtained improperly a total of $35,920. His Honour the trial judge imposed consecutive sentences of six months, six months, twelve months and six months totalling in all two years and six months. Each charge carried a maximum sentence of three years' imprisonment. Restitution to the extent of $16,500 was made.

Fifty-six other charges of making false entries as a servant (s. 441), each of which would have carried a maximum sentence of seven years' imprisonment, were taken into account. It is not clear why the Crown elected to proceed on those charges available to it which carried the lesser penalty. But the appellant now contends that each of the individual sentences imposed is inadequate to the particular offence, that the totality of two and a half years is inadequate to the collation of false pretences offences, and that the two and a half years' totality is rendered more inadequate on consideration of fifty-six further offences under s. 441.

Though it was no doubt a proper course for these fifty-six offences to be "cleared from the slate", it does not appear to me that by bringing...