The State v Robert Kawin (2001) N2167

• Jurisdiction: Papua New Guinea
• Judge: Kandakasi J
• Judgment Date: 24 December 2001
• Citation: (2001) N2167
• Court: National Court
• Year: 2001
• Judgement Number: N2167

Full Title: The State v Robert Kawin (2001) N2167

National Court: Kandakasi J

Judgment Delivered: 24 December 2001

N2167

PAPUA NEW GUINEA

[IN THE NATIONAL COURT OF JUSTICE]

CR NO. 1712 of 2001

THE STATE

-V-

ROBERT KAWIN

VANIMO: KANDAKASI, J.

2001: 21st and 24th December

CRIMINAL LAW & PRACTICE — Sentencing — Stealing — No sentencing guidelines — Maximum to be reserved for worse type of case and a term of few months imprisonment may be appropriate for less serious offences — Stealing in breach of trust and in circumstances which disclose the commission of another unlawful conduct may amount to a worse case of stealing — The sentence should reflect guilty pleas and first time offenders.

CRIMINAL LAW — Sentence — Stealing — Forging signature of work mate who had entrusted his transactions account with the offender — Two counts of stealing by same means in same setting — Total of K2,250.00 was stolen and only K500.00 recovered — Offence falling into the worse category of its type — Maximum sentence of 3 years called for but reduced to 2 years on account of guilty plea and offender being a first time offender — Criminal Code ss. 372 and 19.

Cases cited:

The State v. Bill Baru (06/03/97) N 1546.

Gimle v The State [1988 — 89] PNGLR 271

Ala Peter Utieng v. The State (unreported and unnumbered judgement of the Supreme Court delivered in Wewak on the 23rd of November 2000) SCRA 15 of 2000

The State v. Abel Airi (20/11/00) N2007

The State v. Sabarina Yakal [1988-89] PNGLR 129

The State v. James Gurave Guba (19/12/00) N2020

Counsel

M. Ruarri for the State

G. Korei for the Accused

DECISION ON SENTENCE

24th December, 2001

KANDAKASI J: On the 21st of this month, you pleaded guilty to two counts of stealing from Philip Nabal a sum of K50.00 on the first occasion and K2, 200.00 on the second occasion. What you did was contrary to section 372 (1) of the Criminal Code. After having heard you and your lawyer as well as the State on the kind of penalty you should receive, I reserved a ruling to today. This is my ruling on that.

The Facts

The facts giving rise your guilty plea is straightforward. Vanimo Forest Products ("VFP") employed Philip Nabal and you. You were therefore work mates. In July this year, VFP decided to retrench you and your work mate, Mr. Philip Nabal. On the day you were retrenched, VFP did not pay you your respective retrenchment pay out. That was to be done sometime later. Both of you therefore had to wait for your finish pay.

Meanwhile Philip Nabal had to visit a sick son in Aitape. Before leaving for Aitape, he left his PNGBC transaction account book with you on the 25th of July 2001. That was to enable you to put his finish pay from VFP into his account.

While Philip Nabal was away in Aitape you wrote out a withdrawal slip, forged his signature and took out a sum of K50.00. That took place at the PNGBC here in Vanimo on the 14th of August 2001. Following your success with the first attempt, you followed the same procedure to take out a further and larger amount on the 31st of August 2001. The amount you stole on that occasion was K2, 200.00.

Eventually, Philip Nabal discovered what you did against him through the PNGBC branch in Aitape. So he reported the matter to police. The police eventually arrested, charged and had you brought to this Court on the 21st of December 2001.

Allocutus

In your allocutus, you expressed remorse for what you had done and said sorry to those in Court and to God almighty. You also informed the Court that you are a married man with 4 children. You have brothers and sisters the eldest of whom his married with 7 children of her own who are all married to their fathers side in the Rabaul area in the East New Britain Province.

In addition to what you total the Court, your lawyer informed the Court that you currently reside at a settlement here in Vanimo. You are educated up to grade 6 in 1977. You learned to become a bulldozer operator and were employed in that capacity by VFP until your retrenchment. Currently you are unemployed and have no means to repay the amount you stole from Mr. Philip Nabal.

Submissions and Considerations

In considering an appropriate sentence for you, your lawyer has asked me to consider your expression of remorse, your educational and family background. He also asked me to consider and take into account in your favour that, you freely pleaded guilty to the two counts of stealing from the time of your arrest. That made police work easy and that this Court's time that would have been taken by a trial was saved. He also asked this Court to note that you are a first time offender and that, of the total amount you stole, K500.00 was recovered.

I take all of these factors into account in your favour. At the same time, I am required to take into account the State's submissions as well has the community or country's call for appropriate punishments to be given to people like you who break the law and commit offences. This proceeds on the basis that, although an offence may be against a particular person, it is collectively against the society because the society does not allow this kind of behaviour.

The state submits and I accept that, there are two charges against you. You have pleaded guilty to both. Each of the offences attracts a maximum sentence of 3 years imprisonment. You committed the offence in breach of a trust that was place in you by Mr. Philip Nabal who entrusted you with his transaction account book. He did not...