The State v Terence Kumai (No 2) (2004) N2699

• Jurisdiction: Papua New Guinea
• Citation: (2004) N2699
• Date: 04 October 2004
• Court: National Court
• Year: 2004

Full Title: The State v Terence Kumai (No 2) (2004) N2699

National Court: Manuhu AJ

Judgment Delivered: 4 October 2004

1 Criminal law—Particular offence—Attempted robbery—Relevant considerations—Circumstances of aggravation.

2 The State v Timothy Thomas Moriloma (No 2) (2003) N2395, Gimble v The State [1988–89] PNGLR 271, Tau Jim Anis v The State (2000) SC642, Public Prosecutor v Don Hale (1998) SC564, The State v Joe Rex Steven Basu (1997) N1537, The State v Chris Daniel Levatoro (1997) N1547, The State v Tarere Mamu (2002) N2228, The State v Atau Gore (2002) CR 394 of 2002 referred to

Judgment On Sentence

___________________________

Manuhu AJ: The Prisoner, Terence Kumai, after a trial on an armed robbery charge, was convicted for attempted robbery. The Prisoner was in the company of others and, by virtue of s7 of the Criminal Code, was armed with dangerous weapons. Under s387, therefore, the Prisoner could be sentenced to a maximum imprisonment term of 14 years.

At about 8.00 am on 6 May 2002, the Prisoner and a friend drove in his friend's white tinted car, registration number LAK 490, to Lae Courthouse where his friend got off, leaving the car to the Prisoner. The Prisoner proceeded to pick up a gang of four armed men and proceeded to ADN Cash and Carry shop in Lae. At ADN, the gang went into the shop while the Prisoner waited in the car. The gang pointed a pump action short gun and two factory made pistols at the security guards and forced them out of the shop.

At that time, cashier Kivu Yagamu and Janet had cash spread upon the table...