The State v Makeu Kig (2001) N2177

• Jurisdiction: Papua New Guinea
• Citation: (2001) N2177
• Date: 21 June 2001
• Court: National Court
• Year: 2001

Full Title: The State v Makeu Kig (2001) N2177

National Court: Sawong J

Judgment Delivered: 21 June 2001

1 Criminal Law—Sentence—Misappropriation of funds belonging to employer—Person in position of Trust

2 Criminal Law—Sentence—Misappropriation—Non violent offence—term of imprisonment inappropriate—Suspended sentence—Order for restitution

3 Wellington Belawa v The State [1988–89] PNGLR 496 and Griffiths v R (1977) 13 CLR 293 referred to

Sentence

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Sawong J: The accused was indicted and pleaded guilty to one count of misappropriation, an offence contrary to s383A(1)(a) and (2)(b) of the Criminal Code (Ch262).

The facts show that the accused was employed as a sales Manageress by FRG Clothing Pty Ltd in Madang. During the course of her employment between the period 8 November 1996 and 28 April 1997 various customers of the employer placed orders for various uniforms and clothes. These customers either paid cash at the time of placing the orders or made payments subsequently. The evidence also shows that she received monies through the post office by the Salim Kwik transaction system or the clients also paid money into her bank account. Essentially, she used three methods to receive these monies. These payments were collected by the accused. She then systematically applied or used the money for her own use. The total amount she misappropriated in the relevant period was K28,189.53. This money was the property of FRG Clothing Pty Ltd, her then employer. She used the system for approximately five (5) months when the fraud was discovered and she was dismissed from her employment.

The crime of misappropriation pursuant to s383A(2)(b) of the Criminal Code attracts a maximum sentence of ten (10) years imprisonment. Your lawyer has referred me to the Supreme Court decision in Wellington Belawa v The State [1988–89] PNGLR 496. In that case the Supreme Court set out various factors that ought to be taken into account when considering sentencing an offender for an offence involving...