The State v Zima Munduai (2000) N2036

• Jurisdiction: Papua New Guinea
• Citation: (2000) N2036
• Date: 12 December 2000
• Court: National Court
• Year: 2000

Full Title: The State v Zima Munduai (2000) N2036

National Court: Kandakasi J

Judgment Delivered: 12 December 2000

1 CRIMINAL LAW—armed robbery—

2 Public Prosecutor v Don Hale (1998) SC564, Gimble v The State (1988–89] PNGLR 271, Tau Jim Anis v The State (2000) SC642, The State v Abel Airi (2000) N2007

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Kandakasi J: The State presented an indictment against the Defendant on 5 December 2000, charging him with one count of armed robbery under s386 of the Criminal Code Act (Ch262) hereinafter "the Code"). The Defendant pleaded guilty to the charge and was accordingly convicted. That followed the Court reading the depositions and being satisfied that there was sufficient facts to support the guilty plea.

Facts

On 30 June 2000, the Defendant in the company of 3 others went to the Bugandi High School at about 2.30pm. They were armed with a toy pistol and two home–made guns. They used those weapons to threaten teachers and steal from some female teachers their bags. After the offence was committed the Defendant and his accomplices ran away. Subsequently, the Defendant was arrested by police.

In his record of interview, the Defendant admitted committing the offence and has since co–operated with police. He has also pleaded guilty before this Court thereby saving the associate costs and time that would have been spent on a trial. These factors will be taken into account in his mitigation.

Allocutus

In his allocutus, the Defendant said this was his first offence and has no prior conviction, which is confirmed by the antecedent report. He said he was sorry for what he had done before this Court and God. He was influenced by his accomplices to commit the offence. He was not the main actor or the mastermind of the robbery. The pistol he had was just a toy not intended to kill or hurt anyone. He then asked the Court to consider his background as a young first time offender. He is the only one looking after his mother who is crippled together with his younger siblings. His father is deceased and the sister after him is married and she lives with her own family. He is employed on a casual basis by the University of Technology mess as a kitchen hand. In his conclusion he asked the Court to be merciful toward him and place him under probation or a good behaviour bond so he can continue to support his mother and younger siblings.

Address on Sentence

Mr Mwawesi, for the Defendant adopted what his client said in his allocutus and added that his client is a 19 year old, single and come from Guvu Pindiu, in the Kabwum District of the Morobe Province. His client is educated up to Grade 8. He is a follower of the Lutheran Church. He has spent 5 months and 5 days in custody awaiting his trial up to 5 December 2000.

In...