The State v Jeremiah Seki

• Jurisdiction: Papua New Guinea
• Citation: (2014) N5847
• Date: 13 December 2014
• Court: National Court
• Year: 2014

Full : CR. No.702 of 2014; The State v Jeremiah Seki and John Kaupa, Prisoners (2014) N5847

National Court: David, J

Judgment Delivered: 13 December 2014

CRIMINAL LAW—sentence—wilful and unlawful destruction of property—one count—plea of guilty—Criminal Code, s444(1).

Facts

The prisoners pleaded guilty to one count of wilful and unlawful destruction of property. On the afternoon of October 2013, the prisoners Jeremiah Seki and John Kaupa were at the latter’s family’s premises which is situated in the vicinity of the Kagamuga airport, Mt. Hagen in the Western Highlands Province consuming alcohol with friends and listening to music after completing Grade 10 examinations. As they were drinking, the victim arrived in his vehicle with his wife and children at the premises of the victim’s late father which was next to Kaupa’s premises. The victim was a pastor, attached to the Royal Papua New Guinea Constabulary as a Chaplain and an uncle to Jeremiah and an in-law to John. Noticing the loud music, that a power cord ran through his father’s premises and that an opening was created through the flower fence and through which the extension cord ran, the victim disconnected the extension cord. When he did, one Ezra Loi Seki, a nephew who was drinking with the two prisoners came out from the area and argued with the victim and swore at him. The victim was angry and hit Ezra only with the view to stopping him, but Ezra did not stop. Instead, he and the two prisoners together with others continued to yell verbal abuses at the victim and chased him away. They went into the victim’s father’s area and smashed all the windows of the victim’s vehicle and also destroyed other properties around that premises. Two separate quotations were obtained on the cost of repairs of the victim’s vehicle; Boroko Motors quoted K24,590.43 whilst Ela Motors quoted K16,075.96.

Held:

1. A sentence of one year imprisonment in hard labour was imposed for each prisoner.

2. For each prisoner, the period in remand of two months was deducted and the remaining term was suspended on prescribed conditions.

Cases cited:

Public Prosecutor v Tom Ake [1978] PNGLR 469

Goli Golu v The State (1979) PNGLR 653

Public Prosecutor v Thomas Vola (1981) PNGLR 41

Avia Aihi (No.3) v The State (1982) PNGLR 92

Ure Hane v The State (1984) PNGLR 105

Public Prosecutor v William Bruce Tardrew (1986) PNGLR 91

Kuri Willie v The State (1987) PNGLR 298

The State v Frank Kagai (1987) PNGLR 320

John Elipa Kalabus v the State (1988) PNGLR 193

Lawrence Simbe v The State (1994) PNGLR 38

Public Prosecutor v Don Hale (1998) SC564

Aloises Peter Irobo Kovei v The State (2001) SC676

Edmund Gima and Siune Arnold v The State (2003) SC730

The State v Martin Sahin Terea (2005) N2816

Saperus Yalibakut v The State (2006) SC890

Richard Liri v The State (2007) SC883

The State v Steven Molu Minji; The State v Didi Gelwak Sakol (No 2) (2009) N3794

The State v Roger Meckpi (2010) N4079

1. DAVID, J: The prisoners, Jeremiah Seki and John Kaupa pleaded guilty to one count of wilful and unlawful destruction of property contrary to Section 444(1) of the Criminal Code and were convicted accordingly.

2. Both prisoners were arraigned with the following short facts. On the 11th of October 2013 at around 4:30 pm, the prisoner Jeremiah and John were at the latter’s family’s premises which is situated in the vicinity of the Kagamuga airport, Mt. Hagen in the Western Highlands Province (Kaupa’s premises). They were consuming alcohol with friends and listening to music after completing Grade 10 examinations. As they were drinking, the victim namely, Steven Seki who was a pastor and attached to the Royal Papua New Guinea Constabulary as a Chaplain arrived with his wife and children at the premises of the victim’s late father which was next to Kaupa’s premises. When the victim came out of his vehicle, he noticed the loud music and that a power cord ran through his father’s premises. The victim also noticed that an opening was created through the flower fence and through which the extension cord ran. The victim disconnected the extension cord and when he did, one Ezra Loi Seki who was drinking with the two prisoners came out from the area and argued with the victim and swore at him. Ezra and Jeremiah were the victim’s nephews. When Ezra swore at the victim, he was angry and hit Ezra only with the view to stopping him. Ezra however did not stop. Instead, he and the two prisoners together with others continued to yell verbal abuses at the victim and chased him away. They went into the victim’s...