The State v John Kil
| Jurisdiction | Papua New Guinea |
| Judge | Kirriwom J |
| Judgment Date | 15 June 2000 |
| Citation | [2000] PNGLR 253 |
| Court | National Court |
| Year | 2000 |
| Judgement Number | N1974 |
National Court: Kirriwom J
Judgment Delivered: 15 June 2000
N1974
PAPUA NEW GUINEA
(In the National Court of Justice)
CR No. 432 of 2000
THE STATE
Against
JOHN KIL
Accused
KUNDIAWA: KIRRIWOM, J
2000: 13th & 15th June
Criminal Law – Sentence – Obtaining goods by false pretence or wilfully false promise – Restitution – Restitution and compensation – Appropriateness for custodial and non-custodial sentence discussed – Suspended sentence on conditions – Criminal Code, s.404, s.19
The prisoner deceived a friend and borrowed some money from another person known to his friend. He took the money and disappeared for some years without repaying as he promised. When arrested he was willing to repay but the police were not taking any more chance with him and wanted him punished although the complainant simply wanted his money back. In sentencing him on his own plea of guilty, the Court held:
1. In false pretence cases of monies borrowed and not repaid, restitution must be the primary objective of the sentencing authority.
2. Every avenue must be exhausted for a non-custodial punishment option, imprisonment must be the very last resort.
3. A suspended sentence conditional upon a compensation order in addition to restitution provided it is affordable and justifiable is appropriate.
Counsel:
Mr F. Kuvi for the State
Mr M. Apie’e for the Accused
SENTENCE
15th June 2000
Kirriwom, J: The prisoner pleaded guilty to obtaining money by falsely pretending to one Billy Kure that he would repay him as soon as he received a lump sum pay-out owing to him by his former employer as his termination entitlements with the intention to defraud the said Billy Kure.
The prisoner is a former policeman. By pretending to a former colleague, one Peter Yatefawellis that he had some K21,000 owing as his finish-pay, convinced the latter to persuade the complainant, Billy Kure to advance K1,470 to the prisoner which Billy Kure did on good faith. The prisoner upon receiving the money in June 1997 in Port Moresby disappeared and failed to repay the debt.
In early 2000 the prisoner was apprehended in Kundiawa and charged with this offence. He was remanded in custody upon committal. This is a very clear case where the District Court had power to consider and impose bail but it chose not...
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The State v Wilkinson Tanef
...days later victim presented the cheque but it was dishonoured and the accused failed to make good the debt. 25. In The State v. John Kil [2000] PNGLR 253, the prisoner, a former Policeman, obtained K1, 470.00 from the victim by false pretence. The prisoner had told a former colleague that h......
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The State v David Sila Kayak
...sentences within that range as they are not the worst kind of cases. 14. Counsel further referred the Court to The State v. John Kil [2000)] PNGLR 253 and The State v. John Takesi [1997] PNGLR 507, cases which also involved false pretences. Your counsel submitted that the facts of your case......
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The State v Jack Ostekal Metz (2005) N2824
...months—Guilty plea—Sentence of three and a half years appropriate2 The State v Paulus Takesi [1997] PNGLR 507, The State v John Kil [2000] PNGLR 253, Wellington Belawa v The State [1988–89] PNGLR 496 ___________________________ Manuhu AJ: The Prisoner, Jack Ostekal Metz, pleaded guilty to o......
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The State v Lapun Mesa Pati
...52 of 2005, 27/04/2006 The Acting Public Prosecutor v Don Hale (27/08/98) (SC564) The Independent State of Papua New Guinea v John Kil [2000] PNGLR 253 The Independent State of Papua New Guinea v Louise Paraka (2002) N2317 The Independent State of Papua New Guinea v Jack Ostekol Metz (2005)......
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The State v Wilkinson Tanef
...days later victim presented the cheque but it was dishonoured and the accused failed to make good the debt. 25. In The State v. John Kil [2000] PNGLR 253, the prisoner, a former Policeman, obtained K1, 470.00 from the victim by false pretence. The prisoner had told a former colleague that h......
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The State v David Sila Kayak
...sentences within that range as they are not the worst kind of cases. 14. Counsel further referred the Court to The State v. John Kil [2000)] PNGLR 253 and The State v. John Takesi [1997] PNGLR 507, cases which also involved false pretences. Your counsel submitted that the facts of your case......
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The State v Jack Ostekal Metz (2005) N2824
...months—Guilty plea—Sentence of three and a half years appropriate2 The State v Paulus Takesi [1997] PNGLR 507, The State v John Kil [2000] PNGLR 253, Wellington Belawa v The State [1988–89] PNGLR 496 ___________________________ Manuhu AJ: The Prisoner, Jack Ostekal Metz, pleaded guilty to o......
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The State v Lapun Mesa Pati
...52 of 2005, 27/04/2006 The Acting Public Prosecutor v Don Hale (27/08/98) (SC564) The Independent State of Papua New Guinea v John Kil [2000] PNGLR 253 The Independent State of Papua New Guinea v Louise Paraka (2002) N2317 The Independent State of Papua New Guinea v Jack Ostekol Metz (2005)......