The State v Jason Jay Mathew (No 2) (2011) N4376

• Jurisdiction: Papua New Guinea
• Court: National Court
• Date: 23 August 2011
• Citation: (2011) N4376
• Docket Number: CR NO 1221 OF 2009
• Year: 2011

Full Title: CR NO 1221 OF 2009; The State v Jason Jay Mathew (No 2) (2011) N4376

National Court: Makail, J

Judgment Delivered: 23 August 2011

CRIMINAL LAW - Sentence - Stealing - Cash of K80,000.00 - Money in transit in motor vehicle - Substantial sum of money - Money not fully recovered - Money stolen from employer - Breach of trust - Prescribed maximum penalty of 7 years imprisonment - Term of 4 years imprisonment appropriate - 2 years suspended - Order for restitution - Balance of 2 years less time in pre-sentence custody to serve - Criminal Code, Ch 262 - s19 & s372(1)&(5)(c).

Cases cited:

Wellington Belawa -v- The State [1988-89] PNGLR 496

The State -v- Obert Poesan Pokanas (2004) N2702

The State -v- Robert Kawin (2001) N2167

The State -v- Romney Naptelai Simonopa (2001) N2551

The State -v- Johnson Bale (2004) N2626

SENTENCE

23rd August, 2011

1. MAKAIL, J: The prisoner has been convicted of stealing K80,000.00 under s372(1)&(5)(c) of the Criminal Code, Ch 262. He stole it from One Hill Trading Limited while it was being transported from Wabag to Mt Hagen for banking purposes on 26th June 2009. At that time, he was employed as an escort driver of One Hill Trading Limited. On that day, he obtained leave from his employer and travelled to Mt Hagen by PMV bus to attend to some personal matters. On the way at Waliya, he saw his work colleagues washing the company vehicle on the side of the road. He got off the PMV bus and joined them.

2. He got on with them and travelled to Mt Hagen. On the way, there was a road block and looting of a semi trailer truck at the border of Enga Province and Western Highlands Province. The driver of the company vehicle stopped the vehicle and got out with one of the passengers to find out the cause of the road block and looting.

3. The prisoner took the box of money in the front cabin and hopped on another PMV bus and went to Mt Hagen. When it was discovered the money was missing from the company vehicle, the company management was informed and the...