Paulus Mandatititip and Another v The State [1978] PNGLR 128

• Jurisdiction: Papua New Guinea
• Citation: [1978] PNGLR 128
• Date: 03 May 1978
• Court: Supreme Court
• Year: 1978

Full Title: Paulus Mandatititip and Another v The State [1978] PNGLR 128

Supreme Court: Prentice CJ, Pritchard J, Wilson J

Judgment Delivered: 3 May 1978

1 Criminal law—appeal—severity of sentence on first offender breaking and entering—severity necessary despite youthfulness—different principles applicable between appeals by convicted person and appeals by prosecution

2 CRIMINAL LAW—Appeal against sentence—Appeal by convicted person—Principles applicable—Need to show sentence manifestly excessive.

3 CRIMINAL LAW—Appeal against sentence—Youthful first offenders—Relevant considerations—Breaking, entering and stealing—Deterrent necessary generally—Severity necessary despite youthfulness—No exceptional circumstances.

On appeal against severity of sentences of 16 months' imprisonment (effective 19 months) and 20 months' imprisonment (effective 23 months) imposed on two young men aged about 19 and 22 years with no previous convictions, on convictions for breaking, entering and stealing from a trade store in circumstances where it appeared there was pre–planning, co–operation of a number of people, an almost complete stripping of the stock of the store, and that the offence occurred in a district which had been notoriously lawless over a considerable period beforehand;

Held:

(1) An appeal against sentence by a convicted person should not be allowed unless it can be shown that the sentence imposed by the trial judge is manifestly excessive.

R v Pia–Afu [1971–72] PNGLR 393; Wanosa and Ors v R [1971–72] PNGLR 90 and R v McGrath [1971–72] PNGLR 247 affirmed.

(2) The prevalence of the offence of breaking and entering in Papua New Guinea is such that deterrent sentences are required, and youthful offenders should not receive special treatment unless there are exceptional circumstances which call for leniency.

R v Cuthbert (1967) 86 WN (Part 1) (NSW) 272 at 277 referred to.

(3) (Per Wilson J) In the absence of circumstances of substantial gravity surrounding a crime committed by a young first offender who stands to be punished and in the absence also of a sufficient reason for sentencing him to a term of imprisonment...