The State v Andrew Baine [1990] PNGLR 1

• Jurisdiction: Papua New Guinea
• Citation: [1990] PNGLR 1
• Date: 25 September 1989
• Court: National Court
• Year: 1990

Full Title: The State v Andrew Baine [1990] PNGLR 1

National Court: Brunton AJ

Judgment Delivered: 25 September 1989

1 Criminal law—misappropriation—s31 Evidence Act—disputed handwriting—"dishonesty"—"dishonestly"—Brian Kindi Lawi v The State [1987] PNGLR 183 applied—quantum of misappropriation

2 CRIMINAL LAW—Evidence—Handwriting—Comparison of—Expert evidence not essential—Judge sitting alone to warn himself—Evidence Act (Ch48), s31.

3 EVIDENCE—Handwriting—Comparison of—Expert evidence not essential—Judge sitting alone to warn himself—Evidence Act (Ch48), s31.

4 O'Sullivan v R (1969) 53 Cr App R 274 and R v Hobart Magalu [1974] PNGLR 188 referred to

The Evidence Act (Ch48), s31, provides:

"A comparison of a disputed handwriting with a sample of handwriting proved, to the satisfaction of the Court, to be genuine may be made by witnesses, and the handwritings and the testimony of the witnesses respecting them may be submitted to the Court as evidence of the genuineness or otherwise of the handwriting in dispute."

Held:

Although expert evidence is not essential for a tribunal of fact to come to a conclusion on a comparison of disputed handwriting, a judge sitting alone in a criminal trial must warn himself of the dangers involved in proceeding without expert testimony.

O'Sullivan v R (1969) 53 Cr App R 274 at 282, adopted and applied.

R v Hobart Magalu [1974] PNGLR 188, considered.

Trial

This was the trial of an accused on charges of misappropriation under s383A(1)(a) of the Criminal Code (Ch262).

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THE CHARGE

Brunton AJ: The accused was indicted under s383A(1)(a) of the Criminal Code (Ch262) that between 30 December 1982 and November 1983, at Kupiano, he misappropriated (dishonestly applied to his own use) K7,800.50, which was the property of the State.

The State case was that the accused was the plant and transport clerk at Kupiano between 1982 and 1983. During part of that period his father–in–law Mr Lawrence, in whose house he lived, was the district office driver. Mr Lawrence bought a red utility which was available for hire. The accused acted as an agent for his father–in–law, and looked after the vehicle. From...