The State v Kalama Daniel (2003) N2476

• Jurisdiction: Papua New Guinea
• Citation: (2003) N2476
• Date: 14 July 2003
• Court: National Court
• Year: 2003

Full Title: The State v Kalama Daniel (2003) N2476

National Court: Lenalia J

Judgment Delivered: 14 July 2003

1 Criminal Law—Arm robbery—Plea—Matters for consideration—Sentence—Criminal Code s386 (1)(2).

2 Criminal Law—Armed robbery—Several charges—All offences arising from separate facts—Totality principle—Applicability of—Four separate acts of armed robbery committed within one day—Just total of sentences—Sentence.

3 Public Prosecutor v Terrence Kaveku [1977] PNGLR 110, Gimble v The State [1988–89] PNGLR 271, Public Prosecutor v Don Hale (1998) SC564, Tau Jim Anis v The State (2000) SC642, Manuel Boi v The State (2000) (Unreported and Unnumbered Supreme Court Judgment, SC No 14 of 2000), The State v Lucas Yovura (2003) N2366, The State v Jamie Campbell Fereka (2003) N2359, Acting Public Prosecutor v Joe Kovea Mailai [1981] PNGLR 258, The State v Manga Kinjip [1976] PNGLR 86, The State v Frank Kagai [1987] PNGLR 320, Paul Mase and Kopa Lore John v The State [1991] PNGLR 88, Acting Public Prosecutor v Konis Haha [1981] PNGLR 205, Secretary for Law v Witrasep Binengim [1975] PNGLR 172, Goli Golu v The State [1979] PNGLR 653 and The State v Chris Romen (2002) N2260 referred to

Sentence

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Lenalia J: The accused pleaded guilty to four counts of armed robbery pursuant to s386(1), (2)(a), (b) and (c) of the Criminal Code. The first count was committed with actual violence whilst the remaining three were committed with threatened violence.

Facts

The accused was amongst a group of four young men which held up a driver, Aurther Maradi on 5 December 2001 at Tokua. When the first victim wanted to drop two passengers to pick their cocoa bags, the accused and his gang came out from nearby cocoa and coconut trees and pointed a home–made gun and a factory made pistol at him. The gang used actual violence by tieing Aurther's hand with heavy duty sticky–tape after which they told him to wait there until they came back. They told him they were to use his vehicle to get some money from a saving and loans, which they did not name and that they were to return his vehicle. They demanded Aurther to give them the vehicle keys and they drove off.

The gang used the stolen vehicle Reg No H 2410, which is owned by Elias Marangit to come to town at Kokopo and at Schowhegan, they went into the Motor Vehicle Insurance Trust office where they threatened Ms Timie Diana to give them money. Having realised what was happening the victim of the second charge Diana Timie shouted at the top of her voice raising an alarm to employees in that business centre and the gang escaped in that same vehicle. They took of from there to the Omorong Service Station.

At Omorong Service Station, the accused and his gang held up the employees there and pump attendants. They pointed a homemade gun and the pistol at them and...