The State v Joe Rex Steven Basu

• Jurisdiction: Papua New Guinea
• Judge: Batari AJ
• Judgment Date: 23 April 1997
• Citation: (1997) N1537
• Court: National Court
• Year: 1997
• Judgement Number: N1537

National Court: Batari AJ

Judgment Delivered: 23 April 1997

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

CR NO. 1109 OF 1996

THE STATE

v

JOE REX STEVEN BASU

Waigani

Batari AJ

18 April 1997

23 April 1997

CRIMINAL LAW — Sentence — Attempt — Robbery — Aggravating factors — Mitigating factors — Considerations of.

CRIMINAL LAW — Sentence — Attempt — Robbery of vehicle at residence is in category of attempt robbery of a house.

CRIMINAL LAW — Sentence — Attempt robbery — Offence of violence is offence against freedoms and rights — Plea of Guilty as mitigating factor.

Counsel:

Ms T Suwae for the State

D Kari for the Accused

SENTENCE

23 April 1997

BATARI AJ: You have been found guilty and convicted following your trial on an indictment charging one count of attempted robbery. The offence was committed under s.387 (1), (2) (a) & (b) of the Criminal Code Chapter No.262. I must now pass sentence on your offence.

I have traversed the evidence supporting your guilt in my judgment on verdict, delivered on Friday, 18 April. For the purpose of sentence, I will refer only fairly briefly to those facts.

On 27 May, 1996 you went to Air Niugini Housing Scheme at Kanage Street, Six Mile in the National Capital District about 0830 pm with two others and armed with a pistol. You confronted David Tibu and his relatives as they sat on the lawn of their house at Stage One. One of your friends pointed a pistol at David Tibu and demanded the key to his vehicle parked nearby, while you and the third person opened the door to that vehicle and got in. The person with the pistol remained outside threatening the victims to hand over the key to the vehicle. At their own risk of being shot by your friend, David Tibu and his relatives resisted and attacked your mob. Your friends escaped while you were caught and taken into custody by police. During the incident the pistol was fired at David Tibu.

Your lawyer has pointed to a number of factors and urged me to consider as being in your favour. You are aged 25 years and newly married with no children. This is your first time to be in trouble. You are staying with your parents and have been unemployed since you left school in 1983. You have a prior conviction which is unrelated to this conviction. There is nothing else to say about your background or the offence. However,...