The State v Titus Kep, Peter Ben, Kowi Tum, Paul Teke and Philip Womi (2004) N2616

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: (2004) N2616
• Date: 08 June 2004
• Year: 2004

Full Title: The State v Titus Kep, Peter Ben, Kowi Tum, Paul Teke and Philip Womi (2004) N2616

National Court: Sevua J

Judgment Delivered: 8 June 2004

1 CRIMINAL LAW—Sentence—Demanding compensation with threats of violence with intent to extort—Demand of more than half a million kina to be paid within 7 days—Threats of violence and killing against other employees—Threats of violence against company officials—Stealing of company vehicles—Detention of vehicles until demand satisfied—Offence not very prevalent—Custodial sentence necessary to deter on economic consideration to the nation.

2 Gimble v The State [1988–89] PNGLR 271 referred to

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Sevua J: The five accused pleaded guilty to, and were convicted yesterday morning of a charge that they, on 25 June 2002 at Kapiura Plantation near Kimbe, with intent to extort, and with threats of violence demanded compensation of more than half a million kina from New Britain Palm Oil Limited, contrary to s390A(a) and (b)(i) and (ii) of the Criminal Code, a crime which carries the maximum penalty of 7 years imprisonment.

The factual circumstances leading to the commission of this offence which the prisoners admitted are these. On 25 June 2002; a motor vehicle accident occurred at Ubai between the main Bialla–Kimbe Highway. The collision involved a PMV owned and driven by the deceased, Kisa Purara and a truck belonging to New Britain Palm Oil Limited. As a result, the PMV owner/driver, Kisa Purara and two others died from injuries sustained. Other passengers also suffered personal injuries. Then on 1 July 2002, the five accused and other Southern Highlanders issued a written demand for compensation in the sum of K596,937.72 to Mr Nick Thompson the Managing Director of New Britain Palm Oil Limited to be paid within 7 days.

On 8 July 2002, the five accused and other Southern Highlanders mobilized themselves and issued threats against other employees of the company and prevented them from going to work with the use of threats and force. They then threatened and intimidated company officials and confiscated the keys to three Toyota Land Cruisers, one Shangai Tractor and four Volvo Oil Tankers and drove them to Bilomi Plantation where they detained the vehicles. The accused demanded that the sum of K596,932.72 be paid to them if not they would continue to detain the vehicles.

The prisoners elected to remain silent in allocutus and allowed their counsel to speak for them.

Mr Oiveka then took...