The State v Chris Daniel Levatoro

• Jurisdiction: Papua New Guinea
• Judge: Batari AJ
• Judgment Date: 24 April 1997
• Citation: (1997) N1547
• Court: National Court
• Year: 1997
• Judgement Number: N1547

National Court: Batari AJ

Judgment Delivered: 24 April 1997

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

CR NO. 385 OF 1997

THE STATE

v

CHRIS DANIEL LEVATORO

Waigani

Batari AJ

22 April 1997

24 April 1997

CRIMINAL LAW — Sentence — Attempt robbery of Motor Vehicle outside shop — Prisoner in accompany of others and armed.

CRIMINAL LAW — Sentence — Attempt robbery — Crime of violence or threat of violence — Aggravating factors — Mitigating factors — Plea of guilty — Part suspense of sentence appropriate.

The accused pleaded guilty to one count of attempted robbery. The following reasons were delivered on sentence.

Counsel:

L Maru with Ms Zurenuoc for the State

M Apie'e for the Accused

SENTENCE

24 April 1997

BATARI AJ: Chris Daniel Levatoro, you have pleaded guilty to one count of attempted robbery, contravening s.387 (1), 2 (a) & (b) of the Criminal Code, Chapter No.262. Having confirmed and convicted you upon that plea, I must now impose punishment on you.

Your offence was committed in this way. On 19 September, 1996 you and two others approached the victim, Kurt Sieger outside the TST Shop at Tokarara. As Mr Sieger and his companion tried to leave in their vehicle, one of you held a home-made pistol against his head and got off him, the key to the vehicle. One of your other friends at the same time pointed what resembled a pistol at by-standers. Before you could drive the vehicle away, off-duty police members at the scene intervened and fired warning shots causing you and your friends to abandon the vehicle and flee. You were caught and charged for the attempt robbery of Mr Sieger's vehicle. That is the brief summary of what was a serious of offence for which you are liable to be imprisoned up to 14 years. Because the law says the sentence I impose must strike the balance between the offence and the public interest on the one hand and the individual offender on the other, the maximum penalty, I consider at the outset, is not applicable to your case.

Your...