State v James Mariko

• Jurisdiction: Papua New Guinea
• Citation: (2015) N6086
• Date: 21 September 2015
• Court: National Court
• Year: 2015

Full : CR. (FC) NO. 84 OF 2015; State v James Mariko (2015) N6086

National Court: Polume-Kiele J

Judgment Delivered: 21 September 2015

CRIMINAL LAW - Guilty Plea - Obtaining goods or credit by false pretence or wilfully false promise - s404 (1) (a), Criminal Code Act

CRIMINAL LAW - Sentence - Early guilty plea - No prior conviction - Suspension of sentence considered.

CRIMINAL LAW—Sentence - 3 years imprisonment - s404 (1)(a), Criminal Code Act, - Deducted 11 months 2 days (pre-trial time held in custody) - s3 (2) Criminal Justice (Sentences) Act 1986, - Suspended 1 year sentence on terms - s19 Criminal Code Act- To serve 1 year 28 days imprisonment with hard labour.

Facts

The brief facts are that between the 12th of February 2014 and 16th of April 2014, at Kainantu, in the Eastern Highlands Province of Papua New Guinea, the prisoner by false pretence presented himself to John Sekap and his wife Deaso Sekap that he will buy a used car from the Director of SIL on their behalf and he asked them to make part payment for a used car on their behalf to the Director of SIL. Acting upon this representation, the victims, (complainants) between the period from 12th of February 2014 and 16th of April 2014 respectively gave to the prisoner, a total sum of Eight Thousand and Five Hundred (K8, 500.00) in cash as payment for the used car which unfortunately was not delivered to them. Upon realizing this default, they went themselves to Ukarumpa and consulted with the Director of SIL about the payment of such a used car. The SIL Director however informed them that he never received any payment in the sum of K8, 500.00 from the prisoner as payment for a used car. The prisoner upon becoming aware of his misdeeds, went into hiding until his subsequent arrest and charges upon which he is indicted on one count of obtaining goods or credit by false pretence or wilful false promise, under s404 (1) (a) of the Criminal Code.

Held:

(1) The prisoner by his own admission has admitted guilty to obtaining goods or credit by false pretence or wilful false promise, a sum of K8, 500.00, the property of John Sekap and his wife Deaso Sekap contrary to s404 (1)(a) of the Criminal Code Act.

(2) In the Record of Interview conducted on the 18th of November 2014 at Yonki Police Station, Kainantu, Eastern Highlands Province at 1.00 pm., the prisoner admitted to obtaining goods or credit by false pretence or wilful false promise, a sum of K8, 500.00, money which the prisoner admitted to using for his own purpose.

(3) The prisoner is sentence to 3 years imprisonment less the period of 11 months 2 days which is the period that the prisoner has spent in custody pursuant to s3(2) of the Criminal Justice (Sentences) Act 1986.

(4) In the exercise of discretion under s19 of the Criminal Code Act, 1 year sentence suspended on terms.

(5) The prisoner is to serve the balance of 1 year 28 days sentence in custody at the CIS, Bihute.

Cases cited

Paulus Pawa v The State [1981] PNGLR.498

Public Prosecutor -v- Don Hale (1998) SC564

State v Henry Eliakim [2007] N3190

State v Solien [2012] N4665

The State v Tom Morris [1981] PNGLR.493

Wellington Belawa -v- The State [1988-89] PNGLR 496

JUDGMENT ON SENTENCE

21 September, 2015

1. POLUME-KIELE J. The prisoner appeared before me on the 15th of July 2015 and upon arraignment pleaded guilty to one count of obtaining goods or credit by false pretence or wilfully false promise, a charge laid pursuant to s.404 (1) (a) of the Criminal Code Act (Ch No 262). Section 404 (1) (a) states:

“404. Obtaining goods or credit by false pretence or wilfully false promise.

(1) A person who by a false pretence or wilfully false promise, or partly by a false pretence and partly by a wilfully false promise, and with intent to defraud-

(a) obtains from any other person any chattel, money or valuable security; or …is guilty of a crime.

Penalty: Imprisonment for a term not exceeding five years."

Committal Court Disposition

2. Ms. Gore for the State tendered the Kainantu District Court Deposition into evidence by consent...