The State v Richard Olso Kumis (1997) N1517

• Jurisdiction: Papua New Guinea
• Judge: Lenalia AJ
• Judgment Date: 14 February 1997
• Citation: (1997) N1517
• Court: National Court
• Year: 1997
• Judgement Number: N1517

Full Title: The State v Richard Olso Kumis (1997) N1517

National Court: Lenalia AJ

Judgment Delivered: 14 February 1997

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

CR. NO. 1280 OF 1996

THE STATE

V

RICHARD OLSO KUMIS

Mendi

Lenalia AJ

12 February 1997

14 February 1997

CRIMINAL LAW — Escaping lawful custody — Plea — Sentence — Criminal Code S. 139 (1) (Ch. No. 262).

CRIMINAL LAW — Escaping from lawful custody — Sentencing guidelines — Determined escape an aggravating factor — Matters for consideration.

The accused escaped from lawful custody after he had just been sentenced to 6 months imprisonment. He deliberately avoided contact with police until he was recaptured some 1 year six months. The full facts of the case appear on the body of my judgement.

Held:

(1) A determinate escape ought to be differentiated from an escape where an escapee absconds and voluntarily surrenders to either police or C.I.S. administration.

(2) Where a prisoner escapes and deliberately avoids contact with police and does not surrender himself to prison or police authorities and depending on the length of time, must be treated as an aggravating factor on sentence.

Cases Cited:

The following cases are cited in judgement:

The Public Prosecutor v Terrence Kaveku [1977] PNGLR 110

The State v Aruwe Waiba — Unreported SCR 11 of 1994

The State v Danny Sunura [1983] PNGLR 396

Paul Mase and Kopa Lore John v The State [1991] PNGLR 88

Counsel:

J Kesan for the State

P Pagne for the Accused

JUDGEMENT ON SENTENCE

14 February 1997

LENALIA AJ: The prisoner pleaded guilty to a charge that on 11th of December, 1994 at the Mendi Police Station, while being a prisoner in the lawful custody of one Eugen Manguva, the then Provincial Police Commander escaped from such custody. This is an offence against S. 139 (1) of the Criminal Code.

The facts of your case are very short. You had just been sentenced on 9th of December 1994 by the Mendi District Court to a term of 6 months imprisonment for a charge of stealing. No warrant of imprisonment had been made after two days and you were then remanded at the Mendi Police cells awaiting your warrant of commitment. Whilst you were waiting which I think should not have been the case, you escaped together with 10 other remandees through a back window which those who were in your cells had forced open. The facts of your case reveal that you escaped on 11th of December 1994, made no attempts to surrender yourself to police or prison authorities until you were recaptured by police on 7th of June 1996. This was approximately one year six months.

You told the Court in allocutus that you are sorry you had committed this trouble. You said you actually did not plan with hard-core criminals like Rex Noki and others who masterminded the escape. You say now...