The State v Richard Olso Kumis (1997) N1517

• Jurisdiction: Papua New Guinea
• Citation: (1997) N1517
• Date: 14 February 1997
• Court: National Court
• Year: 1997

Full Title: The State v Richard Olso Kumis (1997) N1517

National Court: Lenalia AJ

Judgment Delivered: 14 February 1997

1 Criminal law—Escaping lawful custody—Plea—Sentence—Criminal Code (Ch262), s139(1)

2 Criminal Law—Escaping from lawful custody—Sentencing guidelines—

3 Determined escape an aggravating factor—Matters for consideration

4 Public Prosecutor v Terrence Kaveku [1977] PNGLR 110, SCR 1 of 1994; The State v Aruve Waiba (1996) (Unreported and Unnumbered Supreme Court judgment (Los J and Salika J) dated 4 April 1996), The State v Danny Sunu [1983] PNGLR 396 and Paul Mase and Kopa Lore John v The State [1991] PNGLR 88 referred to

The accused escaped from lawful custody after he had just been sentenced to 6 months imprisonment. He deliberately avoided contact with police until he was recaptured some l year six months. The full facts of the case appear on the body of my judgment

Held:

(1) A determinate escape ought to be differentiated from an escape where an escapee absconds and voluntarily surrenders to either police or CIS administration

(2) Where a prisoner escapes and deliberately avoids contact with police and does not surrender himself to prison or police authorities and depending on the length of time, must be treated as an aggravating factor on sentence

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Lenalia AJ: The prisoner pleaded guilty to a charge that on 11 December, 1994 at the Mendi Police Station, while being a prisoner in the lawful custody of one Eugen Manguva, the then Provincial Police Commander escaped from such custody...