The State v Trister Solien (2012) N4665

• Jurisdiction: Papua New Guinea
• Date: 11 May 2012
• Citation: (2012) N4665
• Docket Number: CR NO 291 of 2011
• Court: National Court
• Year: 2012

Full Title: CR NO 291 of 2011; The State v Trister Solien (2012) N4665

National Court: Makail J

Judgment Delivered: 11 May 2012

CRIMINAL LAW - Plea - Sentence - Obtaining goods by false pretence - Real property - First offender - Remorseful - Genuine reason for committing offence - Securing property for accommodation for herself and children following death of defacto husband - Prevalence of offence - Some degree of pre-planning - Not a worse case - Wholly suspended sentence appropriate - Wholly suspended sentence of 2 years imprisonment imposed - Offender entered into own recognizance with surety and placed on good behaviour bond - Cash bail converted to surety - Criminal Code, Ch 262 - s19 & s404(1)(a).

Facts

The offender pleaded guilty to a charge of obtaining goods by false pretence under s404(1)(a) of the Criminal Code, Ch 262. She lived with her de facto husband on a property at Korobosea in Port Moresby. Following his death, she falsified a contract of sale and had the title of the property transferred to her son who was at all material times a minor of 12 years. In mitigation, it was submitted among other grounds that, she did that because she was worried about her and her three children’s plight associated with the risk of being left homeless after her de facto husband died.

Held:

1. Under s404(1)(a) of the Criminal Code, Ch 262, the offence of obtaining goods by false pretence carries a prescribed maximum penalty of a term of 5 years imprisonment.

2. The plight of the offender and her three children associated with the risk of being left homeless following the death of the offender’s de facto husband is a strong mitigating factor and significantly reduces the seriousness of the offender’s culpability.

3. Taking into account that there is a dispute over the property and other matters operating in favour of the offender, this was not a worse case of obtaining goods by false pretence and the maximum penalty of a term of 5 years imprisonment was not appropriate.

4. A wholly suspended sentence of 2 years imprisonment was imposed and offender was ordered to enter into her own recognizance and be of good behaviour for that period with surety to the equivalent sum as her cash bail. Her cash bail was converted to surety.

Cases cited:

Goli Golu v The State [1979] PNGLR 653; Wellington Belawa v The State [1988–89] PNGLR 496; Public Prosecutor v Don Hale (1998) SC564; The State v Geko Kekao & Alex Niviha: (Unnumbered & Unreported Judgment of 14th April 2011)

SENTENCE

1. MAKAIL, J: Trister Solien, you pleaded guilty to a charge of obtaining goods...