The State v Jeremiah Seki

• Jurisdiction: Papua New Guinea
• Judge: David, J
• Judgment Date: 13 December 2014
• Citation: (2014) N5847
• Court: National Court
• Year: 2014
• Judgement Number: N5847

Full : CR. No.702 of 2014; The State v Jeremiah Seki and John Kaupa, Prisoners (2014) N5847

National Court: David, J

Judgment Delivered: 13 December 2014

N5847

PAPUA NEW GUINEA

[IN THE NATIONAL COURT OF JUSTICE]

CR. No.702 OF 2014

BETWEEN:

THE STATE

AND:

JEREMIAH SEKI and JOHN KAUPA

Prisoners

Mt. Hagen: David, J

2014: 4, 12 & 13 December

CRIMINAL LAW – sentence – wilful and unlawful destruction of property – one count – plea of guilty – Criminal Code, Section 444(1).

Facts

The prisoners pleaded guilty to one count of wilful and unlawful destruction of property. On the afternoon of October 2013, the prisoners Jeremiah Seki and John Kaupa were at the latter’s family’s premises which is situated in the vicinity of the Kagamuga airport, Mt. Hagen in the Western Highlands Province consuming alcohol with friends and listening to music after completing Grade 10 examinations. As they were drinking, the victim arrived in his vehicle with his wife and children at the premises of the victim’s late father which was next to Kaupa’s premises. The victim was a pastor, attached to the Royal Papua New Guinea Constabulary as a Chaplain and an uncle to Jeremiah and an in-law to John. Noticing the loud music, that a power cord ran through his father’s premises and that an opening was created through the flower fence and through which the extension cord ran, the victim disconnected the extension cord. When he did, one Ezra Loi Seki, a nephew who was drinking with the two prisoners came out from the area and argued with the victim and swore at him. The victim was angry and hit Ezra only with the view to stopping him, but Ezra did not stop. Instead, he and the two prisoners together with others continued to yell verbal abuses at the victim and chased him away. They went into the victim’s father’s area and smashed all the windows of the victim’s vehicle and also destroyed other properties around that premises. Two separate quotations were obtained on the cost of repairs of the victim’s vehicle; Boroko Motors quoted K24,590.43 whilst Ela Motors quoted K16,075.96.

Held:

1. A sentence of one year imprisonment in hard labour was imposed for each prisoner.

2. For each prisoner, the period in remand of two months was deducted and the remaining term was suspended on prescribed conditions.

Cases cited:

Public Prosecutor v Tom Ake [1978] PNGLR 469

Goli Golu v The State (1979) PNGLR 653

Public Prosecutor v Thomas Vola (1981) PNGLR 41

Avia Aihi (No.3) v The State (1982) PNGLR 92

Ure Hane v The State (1984) PNGLR 105

Public Prosecutor v William Bruce Tardrew (1986) PNGLR 91

Kuri Willie v The State (1987) PNGLR 298

The State v Frank Kagai (1987) PNGLR 320

John Elipa Kalabus v the State (1988) PNGLR 193

Lawrence Simbe v The State (1994) PNGLR 38

Public Prosecutor v Don Hale (1998) SC564

Aloises Peter Irobo Kovei v The State (2001) SC676

Edmund Gima and Siune Arnold v The State (2003) SC730

The State v Martin Sahin Terea (2005) N2816

Saperus Yalibakut v The State (2006) SC890

Richard Liri v The State (2007) SC883

The State v Steven Molu Minji; The State v Didi Gelwak Sakol (No 2) (2009) N3794

The State v Roger Meckpi (2010) N4079

Counsel:

Emmanuel Thomas, for the State

Paul Moses, for the Prisoner

SENTENCE

13th December, 2014

1. DAVID, J: The prisoners, Jeremiah Seki and John Kaupa pleaded guilty to one count of wilful and unlawful destruction of property contrary to Section 444(1) of the Criminal Code and were convicted accordingly.

2. Both prisoners were arraigned with the following short facts. On the 11th of October 2013 at around 4:30 pm, the prisoner Jeremiah and John were at the latter’s family’s premises which is situated in the vicinity of the Kagamuga airport, Mt. Hagen in the Western Highlands Province (Kaupa’s premises). They were consuming alcohol with friends and listening to music after completing Grade 10 examinations. As they were drinking, the victim namely, Steven Seki who was a pastor and attached to the Royal Papua New Guinea Constabulary as a Chaplain arrived with his wife and children at the premises of the victim’s late father which was next to Kaupa’s premises. When the victim came out of his vehicle, he noticed the loud music and that a power cord ran through his father’s premises. The victim also noticed that an opening was created through the flower fence and through which the extension cord ran. The victim disconnected the extension cord and when he did, one Ezra Loi Seki who was drinking with the two prisoners came out from the area and argued with the victim and swore at him. Ezra and Jeremiah were the victim’s nephews. When Ezra swore at the victim, he was angry and hit Ezra only with the view to stopping him. Ezra however did not stop. Instead, he and the two prisoners together with others continued to yell verbal abuses at the victim and chased him away. They went into the victim’s father’s area and smashed all the windows of the victim’s vehicle namely, a Toyota Kijang bearing registration number JAB165 and they also destroyed other properties around that premises. Two separate quotations were obtained from Boroko Motors and Ela Motors on the cost of repairs of the victim’s vehicle. Boroko Motors quoted K24,590.43 whilst Ela Motors quoted K16,075.96. Both prisoners participated in smashing all the windows of the victim’s vehicle without any lawful justification.

3. The two Records of Interview produced concerning interviews conducted by Senior Constable James K. Opa at the Office of the Criminal Investigation Division at Mt. Hagen Police Station on the 18th of February 2014 with Jeremiah and on the 24th of February 2014 with John and both attended by First Constable Rita Upaiga as corroborator contain admissions.

4. Both prisoners have no prior convictions.

5. On his allocutus, Jeremiah said sorry to the victim and to the Court. He pleaded for mercy and requested that he be placed on probation so that; he could return to school and complete his Grade 12 education; and organise the purchase of the glasses of his uncle’s vehicle. He undertook to be a good and law-abiding citizen after his release back into the community.

6 On his allocutus, John said sorry to the Court and the victim. He also begged the Court for mercy and requested that he be placed on probation so that; he could return to school and complete his Grade 12 education; and to reconcile with the victim who was his in-law. He also undertook to be a good and law-abiding citizen after his release back into the community.

7. After administering the allocutus, the defence counsel sought pre-sentence reports for both prisoners. I requested the Probation Service, Mt. Hagen to provide the reports pursuant to the Probation Act and have them filed or presented to the Court by 9:30 am on the 12th of December 2014. Both counsel reserved their addresses until then. Both reports were filed within the time requested and I commend Ms. Theresa Puk for preparing them.

8. Since both prisoners pleaded guilty, they will each be given the benefit of the doubt on mitigating matters that are raised in the depositions, their allocutuses or in defence submissions that the prosecution does not contest: Saperus Yalibakut v The State (2006) SC890.

9. Jeremiah is of mixed parentage. His father is from Baluwe village, Erave District in the Southern Highlands Province and his mother is from Mt. Hagen in the Western Highlands Province. He now resides at Kagamuga, Mt. Hagen. His father deserted his wife when he was an infant and he has been raised by his maternal grandparents. His father died in 2011 and is survived by his mother. He was born on the 3rd of July 1995 in Mt. Hagen and raised here since childhood. He is aged about 19 years and 5 months now so at the time of the commissioning of the offence, he would have been aged about 18 years and 3 months. He is one of 4 siblings in his family comprising 3 brothers and a sister. He is the second born. The eldest sibling who is a brother was a first year student at the University of Technology this year and the rest of them including himself were attending Secondary Schools. He was doing Grade 11 at the Hagen Park Secondary School in Mt. Hagen this year when on the 17th of October 2014 whilst into Term 4 of the school-year, he was arrested and incarcerated for absconding bail on a bench warrant issued by this Court on the 1st of September 2014. He is a baptized member of the Lutheran Church. He is generally physically healthy. He was apprehended and detained for this offence on or about the 12th of December 2013 and was admitted to police bail of K300.00 on the 16th of December 2013. He was committed to stand trial in the National Court on the 23rd of May 2014. He has been in remand for a total period of about 2 months.

10. John is originally from Dinga village, Sinasina District in the Simbu Province. He now resides at Kagamuga, Mt. Hagen. Both his parents are alive. His father is an engineer and is currently employed by Lihir Mining Limited and his mother is a homemaker....