The State v Alice Wilmot (2005) N2857

• Jurisdiction: Papua New Guinea
• Citation: (2005) N2857
• Date: 17 June 2005
• Court: National Court
• Year: 2005

Full Title: The State v Alice Wilmot (2005) N2857

National Court: Sevua J

Judgment Delivered: 17 June 2005

1 CRIMINAL—Sentence—Misappropriation—Bank employee—Misappropriation of money in course of employment—Crime committed due to "threats" to prisoner—Amount misappropriated K19,600.00—Part restitution—Whether non custodial sentence appropriate.

2 MISAPPROPRIATION—Sentence—Restitution—Whether full or substantial restitution should enable prisoner to a non–custodial sentence—Restitution no means to buy freedom.

3 Wellington Belawa v The State [1988–89] PNGLR 496, The State v Welford [1986] PNGLR 253, The State v Rex Lialu [1988–89] PNGLR 449, The State v Mapiria (2004) (Unreported and unnumbered National Court judgment dated 7 September 2004), The State v Lawrie Patrick [1995] PNGLR 195, The State v Sukope Tova, unreported, N1522 referred to

Held:

1. Restitution of misappropriated money is a mitigating circumstance, however it should never be used as a means by the rich and wealthy to buy their freedom so that they escape criminal responsibility.

2. Where restitution is to be considered as a genuine remorse, the prisoner must make personal contributions towards restitution and not rely solely on family members and relatives. When the prisoner contributes personally, it will be seen as a personal deterrence because he or she will bear the burden of the crime as the real weight is in relation to the money he or she losses towards restitution.

3. The prisoner has not expressed remorse despite the opportunity accorded her, and she has not personally contributed to the sum of K10,000.00 paid as part restitution therefore the Court should be very cautious in accepting submissions in relation to restitution and remorse.

4. Sentence of 3 years is appropriate with partial suspension to take into account the restitution and other mitigating circumstances.

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Sevua J: You pleaded guilty to a charge of misappropriation of the sum of K19,960.00 whilst employed as a Teller at ANZ Bank, Port Moresby.

The facts you admitted are these. Up to the period you committed this crime, you were employed as a Central Teller with ANZ Bank at its Port Moresby Branch. Your duties included maintaining the banks retention limit to a minimum, transfer of cash in and out of the bank and supply of cash to other branches. One of your responsibilities also was to count, bundle, staple, pack and send to Bank of Papua New Guinea, the bank's soiled or mutilated notes. Between 1 April 2003 and 31 July 2004; you stole the sum of K19,960.00 from the bundles of cash you had prepared to send to Bank of Papua New Guinea.

The procedures employed prior to the movement of cash to Bank of Papua New Guinea were that you counted the cash, packed and stapled them in the presence...