The State v Nerrius Boas (2004) N2608

• Jurisdiction: Papua New Guinea
• Citation: (2004) N2608
• Date: 10 May 2004
• Court: National Court
• Year: 2004

Full Title: The State v Nerrius Boas (2004) N2608

National Court: Sevua J

Judgment Delivered: 10 May 2004

1 CRIMINAL LAW—Sentence—Misappropriation—Public servant—Cheque payable to British Petroleum for zoom—No authority to collect cheque—Negotiated cheque and used proceeds for personal use—Full restitution through payroll deduction—Whether suspended sentence appropriate in the circumstances—Criminal Code; s383A(2)(b).

2 Wellington Belawa v The State [1988–89] PNGLR 496, The State v Joseph Guai [1990] PNGLR 162 referred to

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Sevua J: The accused pleaded guilty to one count of misappropriating the sum of K1,373.59 contrary to s383A(2)(b) of the Criminal Code.

The facts were that the Kavieng Club Manageress had requested financial assistance from the New Ireland Provincial Administration to buy fuel to provide sea transport for a cultural group from one of the islands to come and perform at the New Ireland Golf Tournament. The Deputy Provincial Administrator Corporate Services, Mr Simon Passingan then approved that request and made available a cheque for the sum of K1,373.59 for that purpose. The cheque was supposed to have been paid to British Petroleum however, the accused went and collected it and later negotiated it for cash at the Kavieng Hotel then spent the money for his own use.

In his allocutus, the accused said he has worked with the Department of New Ireland for twenty two (22) years. After the offence...