The State v Samson Leila (Prisoner) (2012) N4770

• Jurisdiction: Papua New Guinea
• Court: National Court
• Date: 24 August 2012
• Citation: (2012) N4770
• Docket Number: CR. No.734 OF 2011
• Year: 2012

Full Title: CR. No.734 OF 2011; The State v Samson Leila (Prisoner) (2012) N4770

National Court: David, J

Judgment Delivered: 24 August 2012

CRIMINAL LAW—sentence—arson—two counts - burning of two dwelling houses—permanent house valued at K120,000.00—bush material house valued at K5,000.00—substantial loss by victim and family—complete lack of provocation—prisoner apprehended and handed over to police—nothing tangible done by prisoner to repair wrong—expression of remorse not genuine—prisoner not youthful offender—prevalence of offence - lives not put at risk—prisoner acted alone - no pre-meditation - isolated incident—co-operation with police during investigations—no further trouble since incident—convictions through guilty pleas—first offender—victim an in-law - prisoner traditional villager, illiterate and lacks sophistication—prisoner has no means to restitute or pay compensation—deterrent sentence serving both as personal and general deterrence against other would be offenders required—first count, sentence of 7 years imprisonment in hard labour—second count, sentence of 4 years in hard labour—sentences to be served concurrently—effective sentence 7 years imprisonment in hard labour - sentence partly custodial and non-custodial—Criminal Code, s19 & s436 (a).

Cases cited:

Public Prosecutor v Sidney Kerua [1985] PNGLR 85; Public Prosecutor v Tardrew [1986] PNGLR 91; Paul Mase v The State [1991] PNGLR 88; The State v Ipu Samuel Yomb [1992] PNGLR 261; The State v Akena Pawa [1998] PNGLR 387; The State v Andrew Yeskulu [2003] PNGLR 27; The State v Robin Warren (No 2) (2003) N2418; The State v Henny Wamahau Ilomo [2003] PNGLR 41; The State v Enni Mathew (No 2) (2003) N2563; The State v Prodie Akoi (2004) N2584; The State v Bart Kiohin Mais (2005) N2811; The State v Peni Bilak (2005) N2866; The State v Bernard Bambai (2006) N3019; Emil Kongian v The State (2007) SC928; The State v Yunati Epa (2008) N3309; The State v James Wakis (2008) N3426; The State v Anton Towakra (2009) N3845; The State v Mapi Mack (2010) N4100; The State v Mono Kukiwa, CR No.1093 of 2008, Unreported & Unnumbered Judgment of David, J delivered in Mt. Hagen on 22 March 2011

SENTENCE

24 August, 2012

1. DAVID, J: On 26 July 2012, I convicted the offender on pleas of guilty to two counts of wilfully and unlawfully setting fire to two dwelling houses belonging to one Andrew Andup on 12 April 2011 at Panda village, Dei District, Western Highlands Province in Papua New Guinea contrary to section 436 (a) of the Criminal Code. The prisoner appears before me for sentence from custody. This is the sentence of the Court.

2. The short facts presented to the Court for purposes of arraigning the prisoner are these. The prisoner was at Panda village, Dei District in the Western Highlands Province in the early hours of Tuesday, 12 April 2011 at about 01:00 o’clock. At the time, he had been drinking and was under the influence of alcohol. The victim, Andrew Andup owned two dwelling houses, one a permanent house valued at K120,000.00 and the other a bush material house valued at K5,000.00. He went to the victim’s area and set fire to both houses and got burnt down. At the time when the prisoner burnt the houses, he had no lawful reason to do so.

3. On his allocutus, the prisoner said he burnt down the houses as a result of an existing dispute and animosities that had arisen between his family and the victim’s in connection with two blocks of land at the village that his father had acquired from the victim. His family used these blocks, one for building their houses on and the other to plant coffee trees on. At one stage, the victim took over the coffee block as he wanted to plant coffee trees as well, but later abandoned it. When he left, other people not related to him helped themselves by harvesting coffee and benefitting monetarily. His father managed to take the coffee block back, but that brought about his death. Thereafter, the victim wanted the coffee block to be returned to him.

4. Of the four siblings in the family, apart from himself, the rest have gone to school. He sought financial assistance from the complainant to pay for school fees, but received no response from him. Instead, one day, his house with his young male child inside was set alight. Fortunately, his son was saved by a female walking by. The victim undertook to do something to appease the prisoner’s family for the ordeal his child had gone through and the burning down of the prisoner’s house, but nothing materialized. Sometime later, another house of his was set alight, but he managed to put the fire out. He got angry and burnt the victim’s two houses.

5. He admitted breaking the law, said sorry and begged the Court to have mercy.

6. I directed the Probation Service in Mt. Hagen to compile and file a Pre-sentence Report on the application of the prisoner through his counsel. I have received the report which I have considered. The Probation Service has recommended that I should impose a non-custodial sentence.

7. The prisoner does not have any criminal convictions recorded against him.

8. The prisoner is originally from Anji village, Wapenamanda District in the Enga Province. Until the offence, he was residing at New Camp, Panda village, Dei District in the Western Highlands Province. He was initially married to one Cathy Kelmend and they have a son called Mason from the marriage who is about 5 years old now. He left Cathy and married one Roselyn. He has no children from his relationship with Roselyn. He is a subsistence villager and is aged about 28 years...