The State v Chris Banban and Nare Steri Banban (2004) N2645

• Jurisdiction: Papua New Guinea
• Judge: Manuhu AJ
• Judgment Date: 31 August 2004
• Court: National Court
• Citation: (2004) N2645
• Year: 2004
• Judgement Number: N2645

Full Title: The State v Chris Banban And Nare Steri Banban (2004) N2645

National Court: Manuhu AJ

Judgment Delivered: 31 August 2004

1 Criminal law—Particular offence—Armed robbery—Robbery of a vehicle by night—Sentencing considerations.

2 Public Prosecutor v Don Hale (1998) SC564, Gimble v The State [1988–89] PNGLR 271, Tau Jim Anis v The State (2000) SC642, The State v Lasi Mauwe and Maki Onopika (1999) N1886 referred to

Judgment On Sentence

___________________________

N2645

PAPUA NEW GUINEA

IN THE NATIONAL COURT OF JUSTICE

CR. 766 & 764 of 2004

THE STATE

-v-

CHRIS BANBAN &

NARE STERI BANBAN

Lae: Manuhu, AJ

2004: August 11, 27 & 31

JUDGMENT ON SENTENCE

Criminal law – Particular offence – Armed robbery – Robbery of a vehicle by night – Sentencing considerations.

Cases cited in the judgment:

Don Hale v The State (1998) SC 564.

Gimble v. The State[1988-1989] PNGLR 271.

Tau Jim Anis v. The State (2000) SC 642.

The State v Lasi Mauwe and Maki Onopika (1999) N1886.

Counsel:

Ms T. Ganai, for the State.

Ms A. Raymond, for the Prisoners.

31st August, 2004.

MANUHU, AJ: Both of you pleaded guilty to one count of armed robbery. On the 10th day of January 2004, at Yangola Creek, Kabwum, you stole from Benny Gawa and others with actual violence monies totaling K2,445 in cash and other personal items.

On 10th January, 2004 at about 7:00pm, the driver of Derim Health Centre, namely, Benny Gawa and others were traveling from Kabwum Station to Derim. The vehicle they were in was a Toyota Land cruiser, 10 Seater, white, Registration number BAB 014. As the vehicle approached Yangola Creek, you and your three friends sprang out of your hiding places armed with a grass knife and two homemade guns. You and your friends pointed the homemade gun at the driver and ordered him to stop. When the driver stopped the vehicle, you assaulted him and other passengers and stole from them personal items and the money bag containing K2,445. Other items include a wrist watch, a driving licence, and a POSF card. They belonged to the driver. You ordered everyone out of the vehicle and you ordered the driver to drive you to Indajen where you tied him up and escaped. When you were apprehended Chris had K341.20 in his possession and Nare had K400.00 in his possession.

Chris Banban: I take into account in your favour that you have pleaded guilty and have cooperated with the police. This has saved the Court a lot of time. You are a first offender. You have expressed remorse in your allocatus.

You said that it was not your liking and plan to commit this offence. You said you were influenced by others who had gone to the village from Lae City. When you got involved, however, I am satisfied that you did so at your own free will. You were old enough to make your own decision and you decided to commit the offence with the others. You said you wanted money to pay for your school fees and you thought committing the offence was a good idea to get easy money. Again, I am not convinced. If you were truly concerned about your education, you would not have committed this offence.

Your father is a subsistence farmer. He has planted a coffee plantation and, until your apprehension, you used to help your father. You are the older of the two male children in your family. You are worried about how your father will be assisted while you are away. Chris, you should have been worried when your friends talked to you about the robbery. If you were truly concerned about your father, the plantation, and the family, you should have made the right choice, which was to not get involved in this robbery. I did not ask you to come here. The police did not ask you to come here. You brought yourself here. You are 21 years old. You are a man. You have been educated to Grade 10 in 1998 at Wasu High School. You are old enough and educated enough. You should have made the decision to not get involved in the robbery.

Nare Steri Banban: I take into account that you have pleaded guilty and you have cooperated with the police. This has saved the Court a lot of time. You are a first offender. You have apologized for committing the offence. You wrote that you are a villager and does not have much to do with crime. You were a youth leader and you are concerned about your widow mother who has a knee problem.

If you were a youth leader, you have become a bad example to other youths in your village. You are supposed to be the first person to stay away from crime, and, at the same time, you are supposed to be dissuading others from criminal activities. Instead, you did the opposite, which is unacceptable. You should have known how to steer clear of a crime as serious as this one.

You further wrote that you were selected to go to a pastoral college and you needed money to pay for the fees. You got involved with the others in the robbery to obtain some money for your college fees. I do not understand you. How could you commit a crime as serious as this when your seniority in your youth group and your interest in a pastoral future should have conditioned you to be a good member of the village? In addition, you are a man. You are 26 years old. You have received sufficient education when you completed Grade 8. You have had some form of employment. You are sufficiently exposed to know the difference between right and wrong but you made the choice, at your own free will, to break the law.

I have perused both of your pre-sentence reports. There is no firm recommendation because, except Raymond Banban, your first cousin at Poasanag Elementary School, your reports have not included any input from other members of the community and the victim. The pre-sentence report is generally of no help to you. The only assistance I can draw from the reports is that K700 in cash, seven pigs, one cow and garden crops were given as compensation to the victim driver. In addition, houses were burnt by police following this armed robbery.

The crime of armed robbery is a very serious crime. It carries a maximum of life imprisonment term. It...