The State v Jimmy Naime (2005) N2873

• Jurisdiction: Papua New Guinea
• Date: 23 June 2005
• Citation: (2005) N2873
• Docket Number: CR 229 of 2005
• Court: National Court
• Year: 2005

Full Title: CR 229 of 2005; The State v Jimmy Naime (2005) N2873

National Court: Mogish J

Judgment Delivered: 23 June 2005

1 Criminal Law—Sentence—Policeman charged with official corruption—Pleaded guilty—Prevalent offence within the Police Force—Need for a deterrent sentence—Partial custodial sentence considered appropriate—Sentenced to 4 years imprisonment in hard labour—18 months suspended and placed on good behaviour bond for 2 years—I week pre–trial period deducted—Serve the balance of 2 years and 5 months—Fined K300.00.

2 The State v Dennis Vela (2004) CR 430 of 2004 (Unnumbered and Unreported judgment of the National Court (Mogish J) dated 24 June 2004), The State v Paul Steven (2005) CR 1221 of 2004 (Unnumbered and Unreported judgment of the National Court (Mogish J) dated 11 and 12 May 2005) referred to

Held:

1. Crimes committed by policemen and women in the course of their duties is on the rise. It is becoming an entrenched habit where policeman commit crimes under the disguise of lawful duties. Corruption in the Constabulary is a very serious offence warranting immediate custodial sentence as a form of deterrence.

Decision on Sentence

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Mogish J: The prisoner pleaded guilty to a charge of official corruption laid pursuant to s87 of the Criminal Code. The Indictment alleged that "he on 18 Juy 2004 at Edevu Sawmill, Brown River in Papua New Guinea being employed in the Public Service, namely Royal Papua New Guinea Constabulary and charged with by virtue of such employment with the duty of a policeman corruptly obtained from Hinaro Rosantina two Horse Race Machines for himself and other on account of him giving the said two horse race machines to another person namely Joseph in the discharge of his duties."

The facts are as follows. The prisoner is a policeman holding a rank of a First Constable. At the time of the offence he was attached to the Hohola Police...