The State v Kevin Anish and Banik Kaiman (2005) N2887

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: (2005) N2887
• Date: 21 July 2005
• Year: 2005

Full Title: The State v Kevin Anish and Banik Kaiman (2005) N2887

National Court: Sawong J

Judgment Delivered: 21 July 2005

1

2 Gimble v The State [1988—89] PNGLR 271, Public Prosecutor v Don Hale (1998) SC564, Tau Jim Anis v The State (2000) SC564, The State v Timothy Thomas Moriloma (2003) N2395, The State v Gore Yogol (2001) N2080, The State v Kennedy Arus (2001) N2081, The State v Frank Suwari (2001) N2073, The State v Danny Pakai (2001) N2174 referred to

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Sawong J: The two accused pleaded guilty to a charge of aggravated robbery, an offence contrary to s386(1), (2), (a), (b) of the Criminal Code Act as amended to date.

The facts for the purposes of sentencing you are as follows. Prior to the night of incident, the evidence shows that the two of you together with five (5) other men, planned to break into and rob the NAA Limited shop at Kinim Government Station on Karkar Island. And so, on the night of the incident you and your accomplices executed the plan. At that time, you and your accomplices were armed with several home–made guns and other dangerous weapons such as bush knives and grass knives and went to the said shop. There using the said weapons, you held up the security guards. You and your accomplices tied up the security guards and locked them up in the nearby generator building. Thereafter, you and your friends then broke into the shop and stole cash and properties valued over K19,000.00.

The Prisoners

Kevin Anish—is 33 years old and unemployed. He has two wives and four (4) children. I note his other personal antecedent are set out in the antecedent report. He is not a first offender for he has a prior conviction for having in possession and unlicensed firearm. He was convicted by the...