The Independent State Of Papua New Guinea v Taiana Pakupi (2012) N4699

• Jurisdiction: Papua New Guinea
• Date: 08 June 2012
• Citation: (2012) N4699
• Docket Number: CR No.127 of 2011
• Court: National Court
• Year: 2012

Full Title: CR No.127 of 2011; The Independent State Of Papua New Guinea v Taiana Pakupi (2012) N4699

National Court: David, J

Judgment Delivered: 8 June 2012

SENTENCE—attempted arson—a twin engine Chinook Columbia helicopter—kerosene used to set helicopter alight from rear—explosion would have caused major disaster - image of country tainted - helicopter valued at US$2.5 million—total loss to owner as a result of damage to helicopter was US$31,060.00—helicopter used in Hides Gas project - pre-meditation—act of sabotage hindrance to development - guilty plea—entering project site unlawfully—not a youthful offender—nothing tangible done towards repairing wrong—apprehended during dawn raid - first time offender—co-operation with police—de facto provocation—minimal damage to helicopter—acted alone—no one in helicopter to put lives at risk—until offence good background - prisoner a 22 year old traditional subsistence villager, illiterate and lacks sophistication—isolated incident—no evidence of further trouble caused by prisoner’s relatives at the project site—offence committed in the night—no expression of remorse—deterrent sentence serving both as personal and general deterrence against other would-be offenders required - sentence of 3 years IHL—custodial sentence - s19 & s437 (a) Criminal Code.

Facts:

A young man pleaded guilty to attempted arson. Armed with a 500 millilitres coke bottle containing kerosene, a box of matches and scrap paper he approached a Twin Engine Chinook Columbia helicopter parked at a helipad at the Nogoli Hides Gas Project Site, poured the kerosene on the rear opening of the helicopter, struck a match, lit the scrap paper, set the helicopter alight and escaped. The fire was quickly put out by security guards and crew of the helicopter.

Held:

1. Mitigating factors are: pleaded guilty; first-time offender; co-operation with police; de-facto provocation; minimal damage caused to helicopter; acted alone; isolated incident; no one in the helicopter; until offence prisoner had a good background; unsophisticated subsistence villager with no formal education; and no further trouble.

2. Aggravating factors are: dire financial consequences if helicopter, expensive equipment totally incinerated; total cost of repairs high; explosion would have caused major disaster; act of sabotage; setting fire deliberately with kerosene; conduct prevalent; conduct hindrance to economic development and painted bad image of country internationally; pre-meditation; entry unlawful; offence committed in the night; did not give himself up; and not a youthful offender.

3. A sentence of 3 years was imposed.

4. The pre-sentence period in custody of two years was deducted from the sentence.

Cases cited:

The following cases are cited in the judgment:

Public Prosecutor v Don Hale (1998) SC564; Edmund Gima and Siune Arnold v The State (2003) SC730; The State v Titus Kep (2004) N2616; The State v Scott Lalio (2006) N2967; The State v Sylvester Heai Evore (2006) N3236; Richard Liri v The State (2007) SC883; The State v John Telape (2009) N3815; The State v Mapi Mack (2010) N4100; The State v John Jewari, CR No.385 of 2010, Unreported & Unnumbered Judgment of David, J delivered in Mt. Hagen on 18 October 2011

SENTENCE

1. DAVID, J: This is a decision on sentence of a young man who was charged for one count of attempted arson under s437 (a) of the Criminal Code and convicted after pleading guilty.

2. The depositions contain evidence that support the charge.

3. The principal documents comprising the depositions are as follows:

1. Information containing the charge brought before the District Court for purposes of the committal proceedings.

2. Statement of Facts.

3. Witness List.

4. Exhibit List.

5. Statement of Hari Aluya, security guard dated 8 June 2010.

6. Statement of Agipe Pakupi, security guard dated 8 June 2010.

7. Statement of Willie Aiyuma, Senior Constable dated 8 June 2010.

8. Statement of George ToWellie, Security Co-ordinator of Oil Search Limited at Hides Gase, Nogoli dated 15 June 2010.

9. Statement of Feaver Stuart, helicopter pilot dated 15 June 2010.

10. Statement of Douglas B. Clyde, Project Manager, Columbia Helicopters Limited dated 21 June 2010.

11. Statement of Richard Tanda, Police Constable dated 22 July 2010.

12. Statement of Epara Piuk, Detective Senior Sergeant dated 21 July 2010.

13. Four photographs.

14. Record of Interview conducted on 20 July 2010 in Tok Pisin.

15. Record of Interview, English translation.

16. Antecedent Report of the prisoner.

4. The offence arose from the following short facts. On 7 June 2010 between 7:30 and 8:00 o’clock in the evening, the prisoner was at the Nogoli Hides Gas Project Site (the Project Site), Komo District, Hela Province in Papua New Guinea. At the time, a twin engine Chinook Columbia helicopter...