The State v Falcon Jerry

• Jurisdiction: Papua New Guinea
• Citation: (2014) N5796
• Date: 23 August 2014
• Court: National Court
• Year: 2014

Full : CR NOS 1142 & 1143 OF 2013; The State v Falcon Jerry and Peter Andrew (2014) N5796

National Court: Cannings J

Judgment Delivered: 23 August 2014

CRIMINAL LAW—sentence—armed robbery—Criminal Code, s386(1) and (2)(a) and (b)—guilty plea—offenders held up group of men who had sat down for a quiet drink—street robbery.

Two men pleaded guilty to committing armed robbery of a group of people who had settled down for a quiet drink on the edge of town. The offenders and their three accomplices approached the victims, held them up with knives and other weapons and stole from them K450.00 cash, a mobile phone and a bilum, the total value of property stolen being K590.00. This is the judgment on sentence.

Held:

(1) The maximum sentence for armed robbery is life imprisonment.

(2) Mitigating factors are: the offenders pleaded guilty, they have no prior convictions, though violence was threatened, no actual physical violence was inflicted.

(3) Aggravating factors are: the offenders acted in a gang, victims inevitably traumatised by the incident.

(4) A sentence of four years each was imposed, the pre-sentence periods in custody were deducted and no parts of the sentences were suspended.

Cases cited

The following cases are cited in the judgment:

Gimble v The State [1988-1989] PNGLR 271

Phillip Kassman v The State (2004) SC759

Public Prosecutor v Don Hale (1998) SC564

Saperus Yalibakut v The State (2006) SC890

Tau Jim Anis v The State (2000) SC642

The State v Manu Tuangi CR No 726 of 2011, 05.10.11

The State v Nigel Kopper Kingsley (2011) N4465

The State v Owen Gabriel Koud CR No 312 of 2010, 20.05.10

SENTENCE

This was a judgment on sentence for armed robbery.

1. CANNINGS J: This is the sentence for Falcon Jerry and Peter Andrew who pleaded guilty to one count of armed robbery and have been convicted of that offence under Sections 386(1), (2)(a) and (b) of the Criminal Code. The robbery was committed at Bialla on 20 June 2013. They were in company with three other young men. They saw the victims, Gende Nime and Stalon John, go into the oil palm trees on the edge of town, with a bottle of rum. They were intending to have a quiet drink. The offenders and their accomplices approached the victims, held them up with knives and other weapons, and stole from them K450.00 cash, a mobile phone and a bilum, the total value of the stolen property being K590.00.

ANTECEDENTS

2. Neither offender has prior convictions.

ALLOCUTUS

3. The offenders were given the opportunity to say what matters the court should take into account when deciding on punishment:

Falcon Jerry: I am sincerely sorry for what I did. One of the victims was my uncle. He and my father have spoken and want to settle it out of court. I ask for mercy and a non custodial sentence.

Peter Andrew: I am sorry for what I did to these people. This is my first time in court. I ask for mercy and a non custodial sentence.

OTHER MATTERS OF FACT

4. As the offenders pleaded guilty each will be given the benefit of the doubt on mitigating matters raised in the depositions, the allocutus or in submissions that are not contested by the prosecution (Saperus Yalibakut v The State (2006) SC890). I will take into account that they each made admissions to Police when interviewed on 9 July 2013, they did not instigate the robbery, they did not assault or cut the victims.

PERSONAL PARTICULARS

Falcon Jerry

Age : 18

Origin : Chimbu

Upbringing : Bialla

Marital status : Unknown

Family : father alive...