The State v Rudy Haiveta (2012) N4677

• Jurisdiction: Papua New Guinea
• Date: 18 May 2012
• Citation: (2012) N4677
• Docket Number: CR NO 1047 of 2011
• Court: National Court
• Year: 2012

Full Title: CR NO 1047 of 2011; The State v Rudy Haiveta (2012) N4677

National Court: Makail, J

Judgment Delivered: 18 May 2012

CRIMINAL LAW - Plea - Sentence - Escaping from lawful custody - Prescribed minimum penalty - Term of 5 years imprisonment - Prescribed minimum penalty of 5 years imprisonment imposed - Sentence partly suspended - Criminal Code, Ch 262 - s19 & s139.

CRIMINAL LAW - Prior convictions - First offender - Determined on date of commission of offence convicted of.

Facts

The offender was charged with one count of escaping from lawful custody contrary to s139 of the Criminal Code, Ch 262. He pleaded guilty to the charge and pleaded for leniency. Prior to the hearing of this charge, he was convicted of armed robbery and unlawful use of motor vehicle. These offences occurred after the offence of escaping from lawful custody. Based on these convictions, the State submitted the offender has prior convictions and is not a first offender.

Held:

1. Under s139 of the Criminal Code, Ch 262, the offence of escaping from lawful custody carries a prescribed minimum penalty of a term of 5 years imprisonment.

2. In determining whether an offender has prior convictions hence not a first offender, it is the date of the commission of the offence the offender is convicted of that is material in determining whether he has prior convictions.

3. In this case, the offence of escaping from lawful custody occurred in September 2008. He has since been convicted of this...