The State v Gaibole Dickson Larry (2011) N4455

• Jurisdiction: Papua New Guinea
• Citation: (2011) N4455
• Date: 22 November 2011
• Docket Number: CR NO 844 of 2011
• Court: National Court
• Year: 2011

Full Title: CR NO 844 of 2011; The State v Gaibole Dickson Larry (2011) N4455

National Court: Cannings J

Judgment Delivered: 22 November 2011

CRIMINAL LAW—sentence—Criminal Code, Subdivision VI.1.F (obtaining property by false pretences: cheating)—s404(1) (obtaining goods or credit by false pretence or wilfully false promise)—sentence on plea of guilty—obtaining K500.00 cash by false promise.

A man pleaded guilty to obtaining K500.00 cash from a friend by a false promise that he would repay the money. He made the promise with intent to defraud and failed to repay the money.

Held:

(1) The maximum penalty for an offence under s404(1) is five years imprisonment and a useful starting point for sentencing is the middle of the range: two and a half years imprisonment.

(2) A sentence of two years imprisonment was imposed. The pre-sentence period in custody was deducted and the balance of the sentence was suspended.

Cases cited

The following cases are cited in the judgment:

Saperus Yalibakut v The State (2006) SC890; The State v Aaron Wai, CR 926/2005, 14.10.05; The State v Benson Raka, CR 447-450/2006, 17.08.06; The State v Dominic Kurai (2008) N3435; The State v Eddie Apuai, CR 1018/2005, 08.09.05

SENTENCE

This was a judgment on sentence for obtaining money by false promise.

22 November, 2011

1. CANNINGS J: Gaibole Dickson Larry pleaded guilty to obtaining money by a wilfully false promise and with intent to defraud and has been convicted of that offence under Section 404(1)(a) of the Criminal Code and is now before the court to be sentenced. In June 2011 he introduced himself and his wife to the victim, “C”, and her husband in Madang town. He told the victim that he urgently needed K500.00 cash and that if she gave it to him he would repay it quickly. That was a wilfully false promise and he acted with intent to defraud the victim. He did not repay the money that he had promised to repay, so the victim reported him to the police, who arrested and charged him.

ANTECEDENTS

2. The State claimed that he has a prior conviction for a similar offence but the offender...