The State v Ivan Bob (2013) N5382

• Jurisdiction: Papua New Guinea
• Date: 23 April 2013
• Citation: (2013) N5382
• Docket Number: CR. 983 of 2010
• Court: National Court
• Year: 2013

Full Title: CR. 983 of 2010; The State v Ivan Bob (2013) N5382

National Court: Geita AJ

Judgment Delivered: 23 April 2013

CRIMINAL LAW—Sentence—Criminal Code, Subdivision VI.1.F (obtaining property by false pretences and misappropriation)—s404(1) (obtaining goods or credit by false pretence or wilfully false promise)—sentence on plea of guilty—obtaining K5025.00,00 cash by false pretence and misappropriation

CRIMINAL LAW—The maximum penalty for an offence under s 404(1) is five years imprisonment - A sentence of two years imprisonment was imposed- sentence wholly suspended with conditions - Prisoner placed on Probation for 12 months

Cases cited:

The State v Dominic Kurai (2008) N3435

The State v Wellington Belawa [1988-1989] PNGLR

DECISION ON SENTENCE

1. GEITA AJ: You Ivan Bob pleaded guilty to obtaining money by false promise with intent to defraud and have been convicted of that offence under s404(1)(a) of the Criminal Code. You are now before the court to be sentenced.

Brief Facts

2. The facts reveal that between 4 August 2009 and 25 September 2009 you approached the victim and told him that you were doing some maintenance work for National Housing Commission and the house you were repairing would be sold to the victim for K19,000.00. You asked the victim for K5000 as part-payment and was given to you believing that the money would go towards the house. Instead you deposited the money into your construction company account and used the money. During the same...