The State v Johnson Bale (2004) N2626

• Jurisdiction: Papua New Guinea
• Citation: (2004) N2626
• Date: 23 June 2004
• Court: National Court
• Year: 2004

Full Title: The State v Johnson Bale (2004) N2626

National Court: Sevua J

Judgment Delivered: 23 June 2004

1 CRIMINAL LAW—Sentence—Stealing—Amount of money stolen substantial—Money not recovered—First offender—Mitigating circumstances—Custodial sentence—4 years imprisonment.

2 No cases referred to

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Sevua J: You were found guilty and convicted of stealing on 17 June 2004 and it is now my task to sentence you. Briefly, the Court found through circumstantial evidence that you stole the sum of K78,074.03 from your previous employer, Pacific Industries Limited under the following circumstances.

On the 26 June 2000, you were directed to do the company's banking at PNGBC in Kimbe. You had with you the sum of K78,074.03 in both cash and cheques. When you left the company premises, you were being followed by a stolen Water Board vehicle which had earlier parked outside the company premises. At the Ela Motors junction in town, you turned into the street which the bank is situated; however you did not go to the bank. Instead, you drove to Section 21 and parked at the rear of a Tucker Box. The Water Board vehicle arrived and the occupants stole the money from you.

In the exercise of your constitutional rights you remained silent therefore did not give evidence, but you were previously interviewed by police in respect of this matter and you gave answers to questions that were asked. In the record of interview, Exhibit "N" and "N1", you explained that you went to the Tucker Box to recover some drinks that were not sold and...