The State v Chan Alois and Augustine Tutut (2008) N3538

• Jurisdiction: Papua New Guinea
• Court: National Court
• Date: 12 December 2008
• Citation: (2008) N3538
• Docket Number: CR 925 of 2008
• Year: 2008

Full Title: CR 925 of 2008; The State v Chan Alois and Augustine Tutut (2008) N3538

National Court: Lay J

Judgment Delivered: 12 December 2008

CRIMINAL LAW - Criminal Code s386 - aggravated armed robbery - early admission and plea of guilty - first-time offenders - robbery of a vehicle on the street - K45,000 stolen - very little recovered - head sentence of 12 years on a trial appropriate - 25% reduction for early admission and guilty plea - sentence of eight years hard labour imposed, one-year suspended on terms.

Facts

The offenders pleaded guilty to one count of aggravated robbery, theft from a motor vehicle on the street of K45,000 with assistance of accomplices, guns and knives. They were not the planners of the robbery.

Held

1. The Court will as a general rule in all but cases of horrific personal violence, apply a discount of 25% to 33% from the appropriate head sentence where there has been a guilty plea;

2. Sentence of 8 years in hard labour imposed, 1 year suspended on probation terms to assist with re-integration into the community.

Cases Cited:

PNG Cases Cited

Richard Liri v The State, SCRA 9 of 2006, unreported judgment of the 22nd February 2007 per Sevua and Kandakasi J. J; Bobolan Mebu Peter v The State (2007) SC894; Gimble v The State [1988–89] PNGLR 271; Acting Public Prosecutor v Don Hale (1998) SC564; Tau Jim Anis v The State (2000) SC642; The State v Michael Amuna Koupa [1987] PNGLR 208; The State v Morobet Awui Koma [1987] PNGLR 262; The State v Albert Monja [1987] PNGLR 447; The State v Bill Baru (1997) N1546; The State v Foxsy Awonipa (1999) N1910; The State v Fano Kuromu [1999] PNGLR 553; Acting Public Prosecutor v John Airi (1981) SC214; Wellington Belawa v The State [1988–89] PNGLR 496; Ignatius Natu Pomaloh v The State (2006) SC834

Overseas Cases Cited

The Queen v David Dickson Jabaltjari (1989) 64 NTR 1; [1989] NTSC 38

References

Thomas on Sentencing 2nd Ed.

1. LAY J.: You have each pleaded guilty to one count of aggravated armed robbery.

2. On the 22nd of February 2008, the two of you and eight others stopped a PMV truck. The group was armed with a factory made shotgun, three homemade shotguns and bush knives. A disabled man was removed from the vehicle by the group, over his protests, and left by the roadside. You Chan Alois then drove the truck to and near Vunapalading police barracks, where the passengers were robbed of a total of K45,000.

3. Chan Alois, you made a full admission of your involvement on the 6th of March 2008 and you Augustine Tutut made a full admission to the Police on the 2nd of March 2008.

4. On your allocutus both of you said you were sorry, asked for mercy and a good behaviour bond.

5. Chan Alois your presentence report notes that you have a supportive family at Napapar. Your father is a strong believer that people must be responsible for their actions and it was he who reported you to the police and arranged for the return of K800 of the K1200 you received from the proceeds of the robbery. It must have been a very hard thing for him to have to do to his 28-year-old son.

6. Your presentence report also notes that you are an active, but obviously not committed, member of the SDA church. The community program co-ordinator and leader with the SDA church at Napapar is prepared to provide counselling and involve you in church community programs should the court order any period of probation.

7. You have no independent financial means and rely on your parents for financial support.

8. Augustine Tutut your presentence report records that your mother died when you were a child. You have been living at small Vudal block in the Baining LLG Gazelle since childhood. Your father said he paid K600 in part repayment of the money stolen. You are married with two young daughters. You received K300 from the proceeds of the robbery. You are a member of Ratongor Catholic church and a church leader would be prepared to accept you into a youth program if the court ordered any probation period. The ward councillor would also be prepared to supervise you in community work. You also have no independent financial means.

The law

9. Armed robbery, particularly aggravated armed robbery, is a very serious crime. That is why the Parliament has provided for a maximum penalty of life imprisonment: Criminal Code Section 386 (1) & (2). Armed robbery is also a prevalent offence, there is far too much of it occurring in our country. That is why the Supreme Court has observed that sentences are on the increase. See SCRA 9 of 2006, Richard Liri v...