The State v Joseph Guai [1990] PNGLR 162

• Jurisdiction: Papua New Guinea
• Citation: [1990] PNGLR 162
• Date: 30 April 1990
• Court: National Court
• Year: 1990

Full Title: The State v Joseph Guai [1990] PNGLR 162

National Court: Brunton J

Judgment Delivered: 30 April 1990

1 Criminal law—Criminal Code s383A(2)(b)—sentence—misappropriation of K100 cash—state property—senior public servant—Public Services General Orders 8.10—"offence which relates to the duties of his office"—automatic dismissal

2 CRIMINAL LAW—Sentence—Misappropriation of property of State—Public servant—Sentencing of—Mandatory dismissal of for indictable offence—Procedure on sentence—Presumption of dismissal—Misappropriation of K100.00—Senior public servant—Fine of K650.00.

The Public Services General Orders, Order 8.10, provides:

"Where an officer is convicted of a criminal offence which relates to the duties of his office, he shall be dismissed from the Public Service by the Departmental Head on Form 8.2."

The Commander of the Bihute Corrective Institution, an officer of the Public Service, pleaded guilty to and was convicted of misappropriation of K100, the property of the State contrary to s383A of the Criminal Code (Ch262).

Held:

(1) On a plea of guilty by an officer to whom Order 8.10 of the Public Services General Orders applies, the court should first convict, and proceed to sentence only after evidence is given that the officer has been dismissed from the Public Service: in the absence of such evidence the presumption of regularity binds the court...