The State v Siba Kua (2007) N3230

• Jurisdiction: Papua New Guinea
• Date: 14 November 2007
• Citation: (2007) N3230
• Docket Number: CR 753 of 2007
• Court: National Court
• Year: 2007

Full Title: CR 753 of 2007; The State v Siba Kua (2007) N3230

National Court: Davani J

Judgment Delivered: 14 November 2007

CRIMINAL LAW - sentence - misappropriation - guilty plea - K9,829.60 misappropriated.

CRIMINAL LAW - sentence - prisoner an employee - monies stolen property of employer - misappropriation occurred over a 4 months period - s. 383A(a)(a)(2)(b)(d) of Criminal Code Act.

Prisoner was a senior travel consultant with a Goroka based company. He sold 15 airline tickets worth K9,829.60. Instead of depositing the monies to his employers account, he applied the monies to his own use. This he did over 4 month period.

Held

(1) When sentencing, the Court will exercise its sentencing discretion, considering all the factors before it.

(2) Prisoner is entitled to the benefit of the doubt on mitigating factors that are apparent from the depositions, allocatus or matters raised by Defence Counsel which are not contested by the prosecution.

Saperias Yalikabut v The State SCRA 52 of 2005 dated 27 April, 2006.

(3) A family’s welfare after conviction of one parent is the responsibility of the Government of the day.

State v John Peril (2005) N2883

Cases Cited

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

The State v Fano Kuromo (1999) N553

The State v Scholar Zuvani (2004) N2641

Tom Longman Yaul v The State (2005) SC803

Saperias Yalibakut v The State SCRA 52 of 2005 dated 27/4/06

SENTENCE

1. DAVANI. J: Siba Kua (‘the prisoner’) pleaded guilty to one (1) count of misappropriation, charge laid under s. 383A(1) (a) (2) (b) (d) of the Criminal Code Act (‘CCA’). This provision reads;

“383A. Misappropriation of property

(1) A person who dishonestly applies to his own use or to the use of another person -

(a) property...