Secretary for Law v Suares

• Jurisdiction: Papua New Guinea
• Citation: [1974] PNGLR 288
• Date: 28 November 1974
• Court: Supreme Court
• Year: 1974

Full Court: Prentice J, Lalor J, Denton AJ

Judgment Delivered: 28 November 1974

1 Criminal law—false pretences; Sentence—cumulative

2 Consecutive terms upheld; total must not be excessive; in this case, total less than maximum sentence any of the individual charges; sufficient in totality

CRIMINAL LAW AND PROCEDURE—Appeal against sentence—False pretences—Collation of offences—Totality of sentences not exceeding maximum for crime—Considerations generally.

The respondent was convicted on four charges of false pretences under s428 of the Criminal Code (Queensland adopted) involving $35,920 and sentenced to four consecutive terms of imprisonment totalling in all two years and six months. Each charge carried a maximum sentence of three years' imprisonment. Fifty–six other charges of making false entries as a servant were taken into account. On appeal against inadequacy of sentence,

Held:

(1) That the totality of the sentence must be looked at and considered collectively. The four offences were not such as necessarily to demand a totality of sentence in excess of the maximum of three years for any one offence and should stand.

Observations on the desirability for concurrent sentences of relatively substantial length being imposed in similar circumstances, rather than a series of minor sentences.

Per curiam: Although all factors personal to a prisoner should be taken into account on sentencing, the inability of an expatriate prisoner to receive visits from a family in Australia is not an appropriate factor calling for leniency.

Appeal.

This was an appeal by the Secretary for Law...