The State v Jimmy Solomon (2001) N2100

• Jurisdiction: Papua New Guinea
• Citation: (2001) N2100
• Date: 20 July 2001
• Court: National Court
• Year: 2001

Full Title: The State v Jimmy Solomon (2001) N2100

National Court: Kandakasi J

Judgment Delivered: 20 July 2001

1 CRIMINAL LAW—Particular offence—Fraudulently uttering cheques and misappropriation—Guilty plea to all charges—First time offender—Expression of remorse—Offender prepared to repay amounts stolen—Pre–sentencing report recommending non–custodial sentence—Relatives and siblings prepared to assist and supervise offender in his reformation efforts—Unsafe to send offender to prison—5 years fully suspended sentence imposed on terms—s383A(1), s44(1) and s462 Criminal Code.

2 The State v Abel Airi (2000) N2007, The State v Micky John Lausi (2001) N2073 and Public Prosecutor v Don Hale (1998) SC564 referred to

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Kandakasi J:: On 9 March 2001, you pleaded guilty to two counts of fraudulently uttering two cheques valued at K1,450.00 drawn from account number 03791601 in the name of Dwyers Office Supplies and K4,900.00 drawn from account number 61270541 in the name of Placement PNG Pty Limited. You also pleaded guilty two counts of false pretence in relation to those cheques. After perusing the depositions, I was satisfied that there was basis to support your guilty pleas. I therefore confirmed your guilty pleas and convicted you on each of the charges.

You then argued for a non–custodial sentence and indicated your preparedness to repay the money over a period of time if given the opportunity to do so. The...