The State v Jimmy Solomon (2001) N2100

• Jurisdiction: Papua New Guinea
• Judge: Kandakasi J
• Judgment Date: 20 July 2001
• Citation: (2001) N2100
• Court: National Court
• Year: 2001
• Judgement Number: N2100

Full Title: The State v Jimmy Solomon (2001) N2100

National Court: Kandakasi J

Judgment Delivered: 20 July 2001

N2100

PAPUA NEW GUINEA

[IN THE NATIONAL COURT OF JUSTICE]

CR 47 of 1999

THE STATE

v.

JIMMY SOLOMON

WAIGANI: KANDAKASI, J.

2001: MARCH 8

2001: JULY 6

CRIMINAL LAW — Particular offence — Fraudulently uttering cheques and misappropriation — Guilty plea to all charges — First time offender — Expression of remorse — Offender prepared to repay amounts stolen — Pre-sentencing report recommending non-custodial sentence — Relatives and siblings prepared to assist and supervise offender in his reformation efforts — Unsafe to send offender to prison — 5 years fully suspended sentence imposed on terms — ss. 383(A)(1), 44(1) and 462 Criminal Code.

Cases Cited:

The State v. Abel Airi (28/11/00) N2007

The State v. John Micky Lausi (27/03/01) N2073

Public Prosecutor v. Don Hale (1998) SC564

Counsels:

Ms. M. Zurenoc, for the State

Mr. J. Tekwie, for the Defendant

20th July 2001

DECISION ON SENTENCE

KANDAKASI, J: On the 9th of March 2001, you pleaded guilty to two counts of fraudulently uttering two cheques valued at K1, 450.00 drawn from account number 03791601 in the name of Dwyers Office Supplies and K4, 900.00 drawn from account number 61270541 in the name of Placement PNG Pty Limited. You also pleaded guilty two counts of false pretence in relation to those cheques. After perusing the depositions, I was satisfied that there was basis to support your guilty pleas. I therefore confirmed your guilty pleas and convicted you on each of the charges.

You then argued for a non-custodial sentence and indicated your preparedness to repay the money over a period of time if given the opportunity to do so. The State did not opposed that submission provided the court makes an order for restitution. The issue for me to determine therefore, is whether or not a non-custodial sentence is appropriate and whether or not there should be an order for restitution.

Pre-sentencing Report

To assist me in arriving at a decision, I call for a pre-sentencing report. The first pre sentencing report was received on the 30th of March 2001. Amongst others, that report indicated that you have a drug problem but you are taking steps to get out of it. There was however no indication in that report has to the kind of services that are available and whether in fact you would be assisted in your endeavors to get away from your drug problems. I therefore, ask for a further per-sentencing report this time focusing on what could be done to assist you to rehabilitate from your drug problem.

The further pre-sentencing report has now being received. That report reports of preparedness on the part your siblings and your other relatives as well as the National Narcotic Bureau to assist with your rehabilitation from your drug problems.

The reports confirm that your siblings and other relatives are prepared to assist you to help repay the funds you obtained by fraudulent means and to get away from your drug problem. The report also shows that, if you are repatriated to...