The State v Thomas Waim, Tala Gena and Alois Wanpis [1998] PNGLR 360

• Jurisdiction: Papua New Guinea
• Judge: Injia J
• Judgment Date: 24 July 1998
• Court: National Court
• Citation: [1998] PNGLR 360
• Year: 1998
• Judgement Number: N1750

National Court: Injia J

Judgment Delivered: 24 July 1998

N1750

PAPUA NEW GUINEA

[In the National Court of Justice]

CR 491, CR 492 & CR 493 OF 1998

THE STATE

-V-

THOMAS WAIM, TALA GENA & ALOIS WANPIS

Mt. Hagen: Injia, J.

1998: July 8th, 24th

Criminal Law - Escape - Sentence - Minimum Sentence - Suspension of minimum sentence - Discretionary - Proper principles upon which discretion exercised - Circumstances of offence a relevant consideration - Criminal Code (Ch No. 262); s.19(1)(d), s.139.

Cases cited in the Judgement:

Acting Public Prosecutor -v- Konis Haha [1981] PNGLR 205,

Public Prosecutor -v- Thomas Vola [1981] PNGLR 412,

Public Prosecutor -v- William Bruce Tardrew [1986] PNGLR 91,

The State -v- Frank Kagai [1987] PNGLR 320,

Gimble -v- The State [1988-89] PNGLR 271,

State -v- Justine Nyama [1991] PNGLR 127,

SCR NO. 1 of 1994 Re Aruve Waiba (1996).

J. Kesan for the State.

B. Aipe for the Accused.

24th July 1998

Injia, J. The three accused each pleaded guilty to unlawfully escaping from Baisu jail on 23/11/97 contrary to s.139 of the Criminal Code. Although the maximum punishment for this offence is a minimum of 5 years imprisonment, this court has other discretions conferred by s.19 of the Criminal Code: see SCR 1 of 1994 in Re Aruve Waiba Unreported Supreme Court judgment of Los J and Salika J handed down in 1996.

The three accused were part of a group of 14 prisoners who broke out of jail in a mass breakout and dashed for freedom but were recaptured shortly later. Like these 3 accused, they all had their own reasons for escaping. Each accused had his own criminal background. Thomas Waim was serving 18 years for rape and Alois Wanpis was serving 1 year 10 months for dangerous driving causing death. Tala Gena was being held in remand for trial in the National Court on a charge of rape but he also had a prior conviction for escape whereby he was sentenced to 10 months previously by the Local Court.

Their counsel has requested that the minimum sentence be made either concurrent with their present sentences or that the minimum sentence be suspended in whole or in part to ensure that the total sentence is not crushing on the accused. Counsel for the State has sought the minimum penalty in order to give effect to the clear intention of the parliament which is to prevent and deter the commission of this offence which has become prevalent over the years.

I have had regard to the accuseds’...