The State v Edward Toude, Walter Yogana, Tana Barinda and John Taylor Anani (No 2) (2001) N2299

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: (2001) N2299
• Date: 18 October 2001
• Year: 2001

Full Title: The State v Edward Toude, Walter Yogana, Tana Barinda and John Taylor Anani (No 2) (2001) N2299

National Court: Kandakasi J

Judgment Delivered: 18 October 2001

1 CRIMINAL LAW—PRACTICE AND PROCEDURE—Sentencing—Sentencing need to be guided by the purposes of sentencing—The sentence must reflect the seriousness of the offence and the effects of past sentences—Disparity of sentences between co–offenders not prohibited—Different and an higher sentence imposed against co–offenders following a trial

2 CRIMINAL LAW—SENTENCING—Aiding and abetting armed robbery on a ship or boat—Robbery planned and executed with assistance of crew and employees on the boat—Breach of trust—Vital roles played for offenders—Robbery on a boat, ship or seagoing craft more serious that robbery of a dwelling house—sentence has to be higher than sentences in robbery of a dwelling house because of serious risks to victims' lives—sentence of 20 years of main facilitator and 17 years each for others imposed evidence is admitted by consent—Criminal Code s386(1), s386(2)(a) and s386(2)(b) and s17.

3 The State v Jimmy Yasasa Lep (1996) N1495, The State v Abel Airi (2000) N2007, Gimble v The State [1988–89] PNGLR 271, Tau Jim Anis v The State (2000) SC642, The State v Nickson Pari (No 2) (2001) N2033, The State v Eddie Peter (No 1) (2001) N2296, The State v Foxsy Awonipa (1999) N1910, Andrew Uramani v The State [1996] PNGLR 287, Thomas Waim v The State (1997) SC519 and Public Prosecutor v Don Hale (1998) SC564 and The State v Mitige Neheya [1988–89] PNGLR 174 referred to

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Kandakasi J: Yesterday the Court found all of you guilty on one count each of armed robbery contrary to s386(1), s386(2)(a) and (b) of the Criminal Code, by virtue of s7 also of the Code.

The offence of armed robbery carries a maximum of life imprisonment. In the much–celebrated case of Gimble v The State [1988–89] PNGLR 271, the Supreme Court enunciated the relevant sentencing guidelines for armed robbery cases. On a plea of not guilty by a young first offender carrying weapons and threatening violence the starting sentence for the robbery of a:

(a) dwelling house 7 years;

(b) bank 6 years;

(c) store, hotel, club, vehicle on the road or the like 5 years; and

(d) person on the street 3 years.

Where there are features of aggravation such as actual violence, the amount stolen or its value is large, or where the robber is in a position of trust towards the victim, may justify a higher sentence. Of course, a plea of guilty may justify a lower sentence.

It is now accepted that these guidelines especially the tariffs are considered well out dated: see The State v Jimmy Yasasa Lep (1996) N1495. In The State v Abel Airi (2000) N2007, I examined the sentencing trends in armed robbery cases on a guilty plea starting with Gimble v The State [1988–89] PNGLR 271 and ended up with the Supreme Court decision in Tau Jim Anis v The State (2000) SC642. In that case, the Supreme Court increases the guidelines set by Gimble v The State [1988–89] PNGLR 271 for armed robbery cases falling in the third category to 8 years on an appeal against a sentence of 10 years by the National Court. That was a case of planned robbery of a factory with actual violence involving just over K20,000.00. There were mitigating factors like young first offenders and a guilty plea.

In nearly all of the cases to date, the Courts have expressed hope or considered either expressly or by implication that the sentences they were imposing would deter the offenders and other would be offenders from committing such offences. Unfortunately, as nearly all judgments to date on this kind of offences acknowledge, the kinds of sentences that have been imposed to date have failed to meet that hope. The effect of that is as I said in The State v Nickson Pari (No 2) (2001) N2033, offences such as "armed robberies are on the increase." Yet as I...