The State v Frank Suwari (2001) N2173

• Jurisdiction: Papua New Guinea
• Citation: (2001) N2173
• Date: 24 December 2001
• Court: National Court
• Year: 2001

Full Title: The State v Frank Suwari (2001) N2173

National Court: Kandakasi J

Judgment Delivered: 24 December 2001

1 CRIMINAL LAW AND PRACTICE—Sentencing a co–accused of one already convicted—Need to avoid disparity of sentence unless exceptional circumstances exist—Co–accused already sentenced to 6 and 7 years on plea of guilty—Not clear whether co–accused had any prior convictions—6 years sentence given.

2 CRIMINAL LAW—Sentence—Armed gang robbery—Armed with one shot gun—Value of property stolen exceeding K1,500 cash and unspecified amounts of foreign currencies and other items—Guilty plea—No prior conviction—expression of remorse—Robbery in show of frustration and retaliation over damage allegedly caused to accused land due to victims saw–milling operations—6 years imprisonment imposed—Criminal Code s386(1) and s386(2)(a) and s386(2)(b) and s19.

3 Gimble v The State [1988–89] PNGLR 271, Public Prosecutor v Don Hale (1998) SC564, Tau Jim Anis v The State (2000) SC642, The State v Abel Airi (2000) N2007, The State v Edward Toude (No 2) (2001) N2299 and The State v Danny Pakai (2001) N2174 referred to

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Kandakasi J: You pleaded guilty on Friday last week to one count of armed gang robbery contrary to s386(1) and s386(2) of the Criminal Code.

The Facts

The facts on which you pleaded guilty are these. On 16 February 2001, between 12.00 noon and 1.00pm, you went with 5 other men and robbed from a Parol Wan and others at the Vanimo Forest Products ("VFP") camp at Bewani. The total value of items stolen included K1,500.00 in cash and other items, which included foreign currencies in Indonesian Rupia, US Dollars and PNG Kina. You and your friends were armed with a shotgun, which you used to scare off a lone security guard, Mr Parol Wan by firing a shot at him.

Upon being shot at, Mr Parol Wan fled for his life. In the process, he left his bag behind. In the bag was K1,500 in cash, which you and your accomplices stole. You then broke into VFP's canteen and stole from there a number of items such as canned food items, rice, soft drinks, batteries and other items. The total estimate of these items is said to be K3,183.60.

Your robbery was reported to police the same day. Following good police work, most of your accomplices were arrested and were eventually sentenced to 6 and 7 years imprisonment in hard labour.

The Law

The offence of armed robbery is prescribed by s386(1) and s386(2) of the Criminal Code in these terms:

"386. The offence of robbery.

(1) A person who commits robbery is guilty of a crime.

Penalty: Subject to Subsection (2), imprisonment for a term not exceeding 14 years.

(2) If a person charged with an offence against Subsection (1)—

(a) is armed with a dangerous or offensive weapon or instrument; or

(b) is in company with one or more other persons; or

(c) at, immediately before or immediately after, the time of the robbery, wounds or uses any other personal violence to...