The State v Lucas Yovura (2003) N2366

• Jurisdiction: Papua New Guinea
• Citation: (2003) N2366
• Date: 29 April 2003
• Court: National Court
• Year: 2003

Full Title: The State v Lucas Yovura (2003) N2366

National Court: Kandakasi J

Judgment Delivered: 29 April 2003

1 CRIMINAL LAW—Sentence—Armed gang robbery with threats—Police in hot pursuit fired upon—Accused injured in gun fire exchange—Money totalling K10,950.00 stolen—Only K600.00 recovered—Guilty plea—No prior convictions—Plea of family suffering if custodial sentence imposed rejected as that is the natural consequence of committing the offence in the first place—Pre–sentence report recommending non–custodial sentence considered but not followed as offender is not a young offender—Prevalence of offence considered—Sentence of 12 years imposed—Criminal Code s17 and s386.

2 The State v Fabian Kenny (2002) N2237, The State v Damien Anis [2002] PNGLR 614, The State v Edward Toude (No 2) (2001) N2299, The State v Vincent Malara (2002) N2188, Gimble v The State [1988–89] PNGLR 271, Tau Jim Anis v The State (2000) SC642, Allan Peter Utieng v The State (2000) SCR15 of 2000 (Unreported and unnumbered judgment of the Supreme Court delivered in Wewak on 23 November 2000), The State v Raphael Kimba Aki (No 2) (2001) N2082, The State v Jamie Campbell Fereka (2003) N2359 and Public Prosecutor v Don Hale (1998) SC564, Joe Foe Leslie Leslie v The State (1998) SC560 referred to

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Kandakasi J: You pleaded guilty on one charge of armed gang robbery on 17 July 2000 with threats of violence using offensive weapons, contrary to s386(2) of the Criminal Code. Upon being satisfied that there was enough evidence to support the charge and your guilty plea, I accepted your guilty plea and had you convicted.

I then asked you to address the Court on your sentence. You informed the court that you were sorry for what you have done. Also, you told the Court that you have now converted and have become a Christian. Further, you told the Court that you are married with one child. Furthermore, you told the Court that you co–operated with police from the very beginning up to this Court in admitting your involvement. In the circumstances you asked for leniency and mercy from the Court.

In view of your request, your lawyer asked for a pre–sentence report. I therefore ordered that a pre–sentence report be prepared and furnished to this Court. That has been done and I thank the Probation Officer here, Mr Moses Galus for attending to that within the short period of time that was given to him. The report recommends that you be given a part custodial and part non–custodial sentence.

Whether or not you should be given a non–custodial sentence is dependent on the circumstances in which you committed the offence as well as the lead up to your arrest. These are very important considerations before a decision on sentence can be reached. This is in addition to other factors the Court must take into account before arriving at your sentence. I will therefore first deal with the relevant facts. I will then consider the factors against you. That will be followed by the factors going in your favour. Upon a careful consideration of these competing factors, I will arrive at a sentence.

The relevant facts in you case are straightforward. On Monday 17 July 2000, at about 12.30pm, a Jeff Liversidge, an expatriate with two others, all employees of the Sepik Coffee Producers Ltd, went in their employers vehicle to refuel at the Caltex service station. They had with them K10,950.00 in cash after having collected them from their employers Wewak office.

Two of Mr Liversidge's work mates went into the store to buy some food and cigarettes, while Mr Liversidge who was the driver of the company vehicle they were in at the time remained in the vehicle. While he was waiting, he surprisingly heard the corking of a pistol on his right side. He then saw you standing there armed with a 9mm pistol pointed at him. You then ordered him out of the vehicle. He did not leave immediately so you yelled at him and ordered him to do so and he complied. At that time you...