The State v Gilbert Peter Diga
| Jurisdiction | Papua New Guinea |
| Judge | Sawong J |
| Judgment Date | 17 April 2000 |
| Citation | (2000) N1991 |
| Court | National Court |
| Year | 2000 |
| Judgement Number | N1991 |
National Court: Sawong J
Judgment Delivered: 17 April 2000
N1991
PAPUA NEW GUINEA
[In the National Court of Justice in Madang]
CR 318 OF 2000
THE STATE
-V-
GILBERT PETER DIGA
MADANG : SAWONG J.
2000: 14TH, 17TH APRIL
Criminal Law – Sentence – Armed Robbery – Plea of Guilty – Robbery of victims in a PMV bus – Sentence of 7 years IHL -
MR. RUARRI, for the State
MR. KARI, for the Accused
17th April, 2000
S E N T E N C E
SAWONG J. : On Friday, last week, you pleaded guilty to committing armed robbery, an offence contrary to S. 386 (2) of the Code.
The facts were that you and your accomplice, who were drunk, got a PMV bus to go to Newtown in Madang. When you arrived at Kuperu Road, in Newtown, you and your accomplice told the bus driver to stop so that you could get off. The bus stopped and the two of you got out and when you got out you demanded money from the bus crew. You assaulted the crew and stole K50.00 from him, after which you left.
You are a 26 year old married man. No children. You come from a family of 2 brothers and 2 sisters. Both of your parents are alive. Completed grade eight.
In your allocates you said some things, these I have taken note off. You are a first offender. You have been in custody since 12 December 1999, a period of 4 months and 4 days.
You and your friend were drunk when you committed this offence. Unfortunately, we once again see the effect of alcohol abuse. This is not a factor in your favour; in fact it is a factor against you.
The victim was assaulted by you and your friend. There was therefore actual violence involved in the course of robbery.
The offence attracts a maximum sentence of life imprisonment. So you can see that you could be sent to jail for many years. This is serious prevalent and violent offence. Your lawyer said the sentence should be between four to six...
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The State v Nelson N Ngasele (2003) SC731
...State v Gilbert Peter Diga (Unreported and Unnumbered judgment delivered on 2 April 1998; SCR 9 of 1995) [The State v Gilbert Peter Diga (2000) N1991], The State v Danny Pakai (2001) N2174, The State v Kennedy Arus (2001) N2081, The State v Fabian Kenny (2002) N2237, The State v Collin Amok......
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The State v Jerry Mana (2003) N2367
...v Jimmy Morgan (2001) N2171, Kesino Apo v The State [1988] PNGLR 182, The State v Abel Airi (2000) N2007, The State v Gilbert Peter Diga (2000) N1991 and The State v Lucas Yovura (2003) N2366 referred to ___________________________ Kandakasi J: You pleaded guilty to one charge of manslaught......
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The State v Ian Bob Wali (2004) N2580
...Acting Public Prosecutor v Clement Maki and Tom Kasen (1981) SC205, The State v Abel Airi (2000) N2007, The State v Gilbert Peter Diga (2000) N1991, The State v Jerry Mana (2003) N2367, The State v Lucas Yovura (2003) N2366, Peter Naibiri and Kutoi Soti Apia v The State (1978) SC137, Ure Ha......
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The State v Kevin Aku Knox and Alex Ambi (2008) N3339
...Arua Peter v. The State (2000) SC638, Nelson N. Ngasele, The State v. James Gatana & Ors (2001) N2127, The State v. Gilbert Peter Diga (2000) N1991, The State v. Billy Bimaru (2000) N2025, The State v. Gore Yogal (2001) N2080, The State v. Sul Kora (2001) N2092, Vincent Malara, The State v.......
-
The State v Nelson N Ngasele (2003) SC731
...State v Gilbert Peter Diga (Unreported and Unnumbered judgment delivered on 2 April 1998; SCR 9 of 1995) [The State v Gilbert Peter Diga (2000) N1991], The State v Danny Pakai (2001) N2174, The State v Kennedy Arus (2001) N2081, The State v Fabian Kenny (2002) N2237, The State v Collin Amok......
-
The State v Jerry Mana (2003) N2367
...v Jimmy Morgan (2001) N2171, Kesino Apo v The State [1988] PNGLR 182, The State v Abel Airi (2000) N2007, The State v Gilbert Peter Diga (2000) N1991 and The State v Lucas Yovura (2003) N2366 referred to ___________________________ Kandakasi J: You pleaded guilty to one charge of manslaught......
-
The State v Ian Bob Wali (2004) N2580
...Acting Public Prosecutor v Clement Maki and Tom Kasen (1981) SC205, The State v Abel Airi (2000) N2007, The State v Gilbert Peter Diga (2000) N1991, The State v Jerry Mana (2003) N2367, The State v Lucas Yovura (2003) N2366, Peter Naibiri and Kutoi Soti Apia v The State (1978) SC137, Ure Ha......
-
The State v Kevin Aku Knox and Alex Ambi (2008) N3339
...Arua Peter v. The State (2000) SC638, Nelson N. Ngasele, The State v. James Gatana & Ors (2001) N2127, The State v. Gilbert Peter Diga (2000) N1991, The State v. Billy Bimaru (2000) N2025, The State v. Gore Yogal (2001) N2080, The State v. Sul Kora (2001) N2092, Vincent Malara, The State v.......