The State v Billy Bimaru (2000) N2025

• Jurisdiction: Papua New Guinea
• Judge: Gavara–Nanu J
• Judgment Date: 09 November 2000
• Citation: (2000) N2025
• Court: National Court
• Year: 2000
• Judgement Number: N2025

Full Title: The State v Billy Bimaru (2000) N2025

National Court: Gavara-Nanu J

Judgment Delivered: 9 November 2000

N2025

PAPUA NEW GUINEA

[IN THE NATIONAL COURT OF JUSTICE]

CR 1104 of 2000

THE STATE

V

BILLY BIMARU

LAE: GAVARA-NANU, J

2000 : 9 November

Criminal Law — Sentence — Plea of Guilty to arm robbery — Robbery in company with others — Robbery of a house — Violence used — House damaged — Prisoner acting as a watchman — Principal Offender by virtue S.7 of the Criminal Code

CASES CITED:

Public Prosecutor v Don Hale SCRA No.333 of 1996

Tau John Anis & Ors v The State SCRA No.1 of 2000

Gimbles v The State [1988-89] PNGLR 271 at p.274

J. Kaumi for the State

N. Miviri for the Accused

SENTENCE

GAVARA-NANU, J: The prisoner is 17 years and is charged with arm robbery under Section 386 of the Code. The maximum punishment for this robbery is life imprisonment by virtue of SS. (2) of Section 386 of the Criminal Code because, weapons were used during the robbery and the prisoner was in company with others and actual violence used on the victims.

Applying the sentencing guidelines given in Gimbles v The State [1988-89] PNGLR 271 at p.274, this is a category '1' robbery, because it was a robbery of a house. Gimble says, that in a contested case, the sentence should be around 7 years, but less in an uncontested cases, where the offender pleads guilty, but then says, if actual violence it used, a higher penalty may be justified in uncontested cases.

The robbery was planned and the prisoner and his friends were determined to carry it out. This can be inferred from the fact that, the prisoner and his co-offenders walked for 5 hours to get to the scene of the crime. The prisoner in his record of interview says they started walking at 6.30 pm from Taraka which is near Lae city and arrived at the scene of the crime in Wau township at 11.30 pm. They carried two homemade shotguns, 2 bush knives and a crew bar.

The prisoner...