The State v John Bolkun (2012) N4689

• Jurisdiction: Papua New Guinea
• Date: 28 May 2012
• Citation: (2012) N4689
• Docket Number: CR NO 1391 of 2010
• Court: National Court
• Year: 2012

Full Title: CR NO 1391 of 2010; The State v John Bolkun (2012) N4689

National Court: Makail, J

Judgment Delivered: 28 May 2012

CRIMINAL LAW: Plea - Sentence - Obtaining good by false pretence - Money - K165,000.00 - Mitigating and aggravating factors considered - Non-custodial sentence appropriate - Restitution appropriate - Criminal Code, Ch 262 - s19 & s404(1)(a).

Cases cited:

Nil

SENTENCE

1. MAKAIL, J: The accused is indicted with one count of obtaining goods by false pretence under s404(1) (a) of the Criminal Code, Ch 262. The prescribed maximum penalty for this offence is a term of 5 years imprisonment. He obtained K165,000.00 from the State through the Department of Works.

2. He pleaded guilty to the charge and was convicted on the following facts that were put to him on arraignment; between 2005 and 2008, the Department of Works carried out road maintenance works along the Highlands Highway under a program known as Highlands Highway Rehabilitation Program (“HHRP”). This exercise involved the widening of the highway and meant structures within a certain length of the highway’s corridor would be demolished to make way for the widening of the highway. Among the sections of the highway, maintenance work was carried out along the Giwimuglo section of the Chimbu Province.

3. Between 2006 and 2008, the prisoner began writing to the Department of Works falsely...