The State v Paulus Takesi [1997] PNGLR 507

• Jurisdiction: Papua New Guinea
• Citation: [1997] PNGLR 507
• Date: 11 June 1996
• Court: National Court
• Year: 1997

Full Title: The State v Paulus Takesi [1997] PNGLR 507

National Court: Sevua J

Judgment Delivered: 11 June 1996

1 Criminal Law—Sentence—Dishonesty offences—persons in position of trust—Lawyer

2 Criminal Law—Sentence—Forgery—Lawyer in State Solicitor's Office—Acting for client in Workers Compensation matter—Collected cheques and applied to own use—Plea of guilty—Amount appropriated K7,000—No restitution—Sentence of 2 years appropriate

Held:

1 Where a lawyer enjoys a high position of trust, respect, high salary and other perquisites, depending on the amount of money appropriated, a custodial sentence is appropriate because of the breach of trust situation

2 In the circumstances, K7,000 is substantial therefore a custodial sentence is appropriate

3 A sentence of 2 years imprisonment with hard labour on each count, to be served concurrently, is appropriate

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Sevua J: You have been convicted of two counts of false pretence contrary to s404(1) (a) of the Criminal Code after entering pleas of guilty to both counts. False pretense is a crime which carries the maximum penalty of 5 years imprisonment.

The facts of this case which you admitted are these. In January, 1994; you were employed as a lawyer in the State Solicitor's Office of the Department of Attorney–General. One of your duties was to appear in Workers' Compensation Hearings on behalf of the State. You were approached by one Meko Iaia, who knew you as a lawyer and who asked you for assistance in respect of worker's compensation relating to the death of his brother. That request was made on his own behalf and on behalf of one Elos Kiki, the wife of the deceased. Following this request, you lodged a claim for compensation at the Worker's Compensation Office in Waigani. When the cheques for the claim were ready, you went to the Office of Workers' Compensation and represented to one Julie Koefa that you had authority from Meko Iaia and Elos Kiki to collect their cheques. You did not have any authority, and in fact, you lied to Julie Koefa. You then completed and signed certain documents and collected three cheques totalling K11,715.26 on 18 January, 1994.

On 19 January, 1994; you went to TST Supermarket at Tokarara with cheque no. 424250 in the sum of K7,000.00 payable to Elos Kiki and cashed it by using a false identification card which had your photograph, but the name of Elos Kiki. You were assisted by two policemen who knew you as a lawyer. You purchased goods from TST Supermarket to the value of K1,000.00 and obtained the balance of K6,000.00 in cash which you applied to benefit yourself.

In your allocutus, you asked the Court for leniency on the following grounds:—

1. you are married with a male child, 11 years old, who attends Waigani Community School and is in Grade 4;

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