The State v Michael Kamipe

• Jurisdiction: Papua New Guinea
• Judge: Sawong J
• Judgment Date: 11 September 1996
• Citation: (1996) N1471
• Court: National Court
• Year: 1996
• Judgement Number: N1471

National Court: Sawong J

Judgment Delivered: 11 September 1996

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

CR 860 OF 1996

STATE

V

MICHAEL KAMIPE

Goroka

Sawong J

5 September 1996

11 September 1996

CRIMINAL LAW — Particulars of Offence — Unlawful Taking or Exercising Control of Aircraft Sections 393 (2) of the Criminal Code Act — Plea of Guilty — Sentence.

CRIMINAL LAW — Unlawful of Taking and Control of Aircraft — Plea of Guilty — Sentence.

CRIMINAL LAW — Stealing — As section 372 (10) — Stealing — Plea of Guilty — Sentence.

Counsel

Mrs C Ashton-Lewis for the State

Mr F Terra for the Accused

DECISION ON SENTENCE

11 September 1996

SAWONG J:

THE CHARGE

The State presented an indictment containing two counts against the accused. The counts were:

FIRST COUNT

S. 393 (2) (c): Michael Kamipe of Yogmul Village, Chimbu Province is charge that he on the 10th day of April 1996 between Port Moresby and Wau Unlawfully Exercised Control of a Twin Engine Cessna 402 and at this time the Said Michael Kamipe was in company with other person.

SECOND COUNT

Michael Kamipe is further charged that he on the 10th day of April 1996 at Tarapo stole cash in the sum of K33,800.00 the property of Nangmanga Pty Ltd.

Upon his arraignment the accused plead guilty to both counts. He was duly convicted and I adjourn sentencing him to today.

THE FACTS

The facts of the case are contained in the various Witnesses Statements and the accused's Record of Interview with the Police Investigating Officers. They reveal that during March of 1996 the accused and two others were informed that on the 10th of April 1996 a company called Hayes & Ekas Pty Ltd would be transporting a large amount of money from Port Moresby to Wau on an MBA flight. The accused and his two accomplices then made a plan to hijack the plane and steal the money. Thus, on 10 April 1996 the accused and his accomplices boarded a MBA Twin Engine Cessna 402 plane at Port Moresby for Wau. When they boarded the flight the three of them had a knife with them. There were two other passengers who were also travelling on that flight. The plane took off from Port Moresby and when it was approaching Wau to land at the Wau Airstrip, one of the prisoners accomplices went up to the pilot and threatened the pilot with the knife. He then demanded and told the pilot to fly them towards Goroka. The evidenc shows that the pilot then diverted his plane and was instructed to land at Tarapo Airstrip in the Okapa District of the Eastern Highlands Province. The plane landed at the Tarapo Airstrip. The three offenders then located the cash box in the cargo section of the plane. Upon locating it they broke it open and remove the sum of K33,800 in cash and put them into their bags and subsequently left the airstrip on foot. The money was the property of Nangamanga Pty Ltd. After they left, the pilot flew the plane to Goroka and reported the incident to the Control Tower and then subsequently to the Police. The...