The State v Foxsy Awonipa

• Jurisdiction: Papua New Guinea
• Judge: Kirriwom J
• Judgment Date: 30 July 1999
• Citation: (1999) N1910
• Court: National Court
• Year: 1999
• Judgement Number: N1910

National Court: Kirriwom J

Judgment Delivered: 30 July 1999

N1910

PAPUA NEW GUINEA

(In the National Court of Justice)

CR No. 99 of 1999

THE STATE

Against

FOXSY AWONIPA

(Accused/Prisoner)

GOROKA: KIRRIWOM J

1999: 30 July

Papua New Guinea Cases Cited:

Gimble v The State [1988-89] PNGLR 271

The State v Ted Lahui

Counsel:

Mrs C. Ashton-Lewis for the State

Mr M. Apie’e for the Accused/Prisoner

30 July 1999

SENTENCE

KIRRIWOM J: Foxsy Awonipa of Kantugu village, Henganofi, Eastern Highlands Province pleaded guilty to stealing with actual violence or robbery, whilst armed with dangerous weapons, namely shot-guns and a bush-knife and whilst in company of other persons from one Rudi Wild Junior and few others. The State alleged that on the 23rd of October 1998 at Goroka the prisoner was one of a four-man gang that set up a road block along the Bihute Road about 7:30 pm and held up the victims driving on that road accompanied by two others.

The gang forced the vehicle to stop and made everyone lie on the back of the vehicle while they took over the wheel. As they drove towards Marison’s bridge they robbed the victims of K80.70 in cash. They travelled back into town at high speed and drove through a Police road block. The driver lost control of the vehicle and hit a tree and rolled over two times. One of the robbers died in the accident, others were injured except for the prisoner who was immediately taken into custody.

Robbery is a crime of violence because there are strong elements of personal risks to the victims of such violence. Where robbery takes place at night time using dangerous weapons such as guns and a vehicle is involved where the victims are entrapped inside the risk to the victims increases when that machine is in the hands or control of someone who has no knowledge about that vehicle and how to handle it safely for the benefit of those in the vehicle. This is why robbery committed in these circumstances carries a maximum term of life imprisonment.

The much quoted case of Gimble v The State [1988- 89] PNGLR 271 sets out some guidelines that can be taken as appropriate to sentencing for aggravated robbery for which the maximum penalty prescribed is life imprisonment such as the case now before me. Although over the years circumstances have changed and the case of Gimble v The State has been branded out of date, it is the range of sentences prescribed for the various categories of robbery that merit criticisms but the principle enunciated therein is still good law. Supreme Court of recent times has expressed clearly in a number of cases that the range of sentences fixed by Gimble be reviewed and adjusted to suit the modern circumstances where the incidences...