The State v Jacob Amonea (2012) N4688

• Jurisdiction: Papua New Guinea
• Date: 25 May 2012
• Citation: (2012) N4688
• Docket Number: CR NO 295 of 2011
• Court: National Court
• Year: 2012

Full Title: CR NO 295 of 2011; The State v Jacob Amonea (2012) N4688

National Court: Makail, J

Judgment Delivered: 25 May 2012

CRIMINAL LAW: Plea - Sentence - Misappropriation - Money - K25,000.00 - Mitigating and aggravating factors considered - Non-custodial sentence appropriate - Restitution appropriate - 3 years imprisonment imposed - Suspended with conditions including full restitution - Criminal Code, Ch 262 - s19 & s383A1(a)&(2(d).

Cases cited:

Wellington Belawa v The State [1988–89] PNGLR 496; Doreen Liprin v The State (2001) PNGLR 6; The State v Elizabeth Teka (2008) N3509; The State v Gibson Haulai (2004) N2555; The State v Scholar Zuvani (2004) N2641; The State v Alice Wilmot (2005) N2857; The State v Morgan Bae (2010) N4076

SENTENCE

1. MAKAIL, J: Following a ruling dismissing the motion to quash the indictment charging the accused with one count of misappropriation of K25,000.00 under s383A1(a)&(2)(d) of the Criminal Code, Ch 262, the accused pleaded guilty to the charge and was accordingly convicted. As the amount of money misappropriated is K25,000.00, the penalty for this offence is 10 years imprisonment.

2. The facts of the case are as follows, on 05th June 2009, the accused went to the Bank of South Pacific Limited with a false Court order dated 05th June 2009 and a letter written by him dated 05th June 2009 in...