The State v Honenu Kinzong (2005) N2942

• Jurisdiction: Papua New Guinea
• Judge: Kirriwom J
• Judgment Date: 13 October 2005
• Citation: (2005) N2942
• Docket Number: CR 1013 of 2005
• Court: National Court
• Year: 2005
• Judgement Number: N2942

Full Title: CR 1013 of 2005; The State v Honenu Kinzong (2005) N2942

National Court: Kirriwom J

Judgment Delivered: 13 October 2005

N2942

PAPUA NEW GUINEA

]IN THE NATIONAL COURT OF JUSTICE]

CR. 1013 OF 2005

THE STATE

-V-

HONENU KINZONG

LAE: KIRRIWOM, J

2005: 24th August & 13th October

Cases cited:

Tau Jim Anis & Ors –v- The State [1999] Unreported Supreme Court Judgment SC 642

The State –v- Nogomo Wosepe, Zenang Qiqic & Heuteko Givengan [2005] Unreported National Court Judgment Cr. 620-622/2004 (19/8/05 – Finschafen)

Wena Lokorop & Anor –v- The State

Counsels:

N. Miviri for the State

S. Maliaki for the Accused

13th October 2005

KIRRIWOM, J: The prisoner Honenu Kinzong from Siririo village Finschafen Morobe Province appeared before the National Court siting in Finschafen on circuit in August 2005 on one count of stealing with actual violence whilst in company of others and armed with dangerous weapons namely bush knives and home-made guns. He pleaded guilty to the charge.

The State alleged that the prisoner was amongst a group of people who were at Siriroi village on 3 March 2005 waiting to hold up motor vehicles travelling on Finschafen – Pindiu Road. About 3 pm a vehicle driven by one Nidi Boti drove up on its way to Pindiu. The prisoner and others jumped onto the road and blocked it from proceeding further with their guns. The driver stopped and after ordering the passengers out of the vehicle and ordering them to sleep on the ground, they searched the vehicle. Amongst the passengers was a businessman from Pindiu Maus Toping with supplies for his trade store. These goods were stolen from the vehicle as well as K1,500 in cash from Maus Toping and those on the vehicle. Total of cash and goods was K4,500 loss suffered.

After the robbery the vehicle proceeded to Pindiu but on the return journey reported the incident to the Police. The prisoner was actually recognized by the passengers as a local from the village and was named as a member of the gang. He went into hiding immediately after the robbery but was subsequently arrested. His involvement in the robbery is freely admitted in his own interview with the Police.

This offence carries a maximum of life imprisonment. Under the Gimble guidelines this robbery falls in the third category which is robbery of motor vehicle on a highway with a starting sentence of 8 years on a trial and less in a plea of guilty or where there are exceptional mitigating circumstances since Tau Jim Anis & Ors –v- The State.

Apart from the prevalence factor which I will allude to in detail shortly, this is not a worst case of robbery in the sense that although firearm and other dangerous weapons such as bush-knife were used to threaten the passengers and the driver, no none was physically harmed apart from being physically abused by being forced or ordered to be on the ground face down as the robbers frisked or searched them. In reality there can be no worst of robbery from another because all cases of robbery are dangerous and life threatening. When firearms or other dangerous weapons are used to intimidate or threaten anyone into submission, it is only a matter of common sense on the part of the victim that determines the nature of that robbery in the making. If he does not handle it well, it could become violent and nasty or it could be over in a few minutes with the victims left poorer and hurt and devastated than they were before the robbery.

But in this case, despite the fact that a passenger in the front cabin was almost cut with a bush knife when it was swung at the window of the cabin on the off-sider’s side, nobody was injured. This is all that can be said in their favour.

Otherwise, this offence is a very prevalent one on this particular stretch of the road. I made mention of this fact in some of the earlier cases including The State –v- Nogomo Wosepe, Zenang Qiqic and Heuteko Givengan [2005] Unreported National Court Judgment Cr....