The State v Jamie Campbell Fereka (2003) N2359

• Jurisdiction: Papua New Guinea
• Citation: (2003) N2359
• Date: 07 April 2003
• Court: National Court
• Year: 2003

Full Title: The State v Jamie Campbell Fereka (2003) N2359

National Court: Kandakasi J

Judgment Delivered: 7 April 2003

1 CRIMINAL LAW—Sentence—Armed gang robbery with threats and actual violence—Robbery of a wharf warehouse—A firearm and fishing guns used to execute robbery—Property valued at over K7,000.00 stolen in the robbery—Partial recovery of property stolen—Guilty plea—No prior convictions—Plea of family suffering if custodial sentence imposed rejected as that is the natural consequence of committing the offence in the first place—Pre–sentence report recommending non–custodial sentence considered but not followed as offender is not a young offender—Prevalence of offence considered—Sentence 12 years imposed—Criminal Code s17 and s386.

2 The State v Fabian Kenny (2002) N2237, The State v Damien Anis [2002] PNGLR 614, The State v Edward Toude (No 2) (2001) N2299, The State v Vincent Malara (2002) N2188, Gimble v The State [1988–89] PNGLR 271, Tau Jim Anis v The State (2000) SC642, Allan Peter Utieng v The State (2000) SCR15 of 2000 (Unreported and unnumbered judgment of the Supreme Court delivered in Wewak on 23 November 2000), The State v Raphael Kimba Aki (No 2) (2001) N2082 and Public Prosecutor v Don Hale (1998) SC564 referred to

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Kandakasi J: You pleaded guilty on 1 April 2003, to one charge of armed gang robbery with actual and threats of violence using offensive weapons, which was contrary to s386(2) of the Criminal Code. Your lawyer then applied for a pre–sentence report from the Probation Service and I ordered such a report be provided by the Probation Service.

This morning, the Court received the requested report. I then heard both you and your lawyer on sentence as well as the State. I then reserved a ruling to this afternoon to enable the Court to consider the submission and the pre–sentence report. This is now the Court's decision.

The offence of armed robbery you pleaded guilty to was committed at the Wewak Wharf on 12 December 2001, by a gang of about 9 men, including yourself. You were armed with a shotgun with live ammunition in it and two fishing guns. All of these weapons came from you. You carried the shot gun while two of your accomplices carried the two fishing guns. You used these weapons to threaten, and actually caused physical injuries or assaults to security guards employed at the premises.

You gained entry into the premises by cutting the security wire fence. Once inside, you held up three security guards who were on duty at that time. You tied their hands and blind folded them with a masking tape. You then broke into the Sepik Coastal Agencies warehouse and stole 4 bales of second hand clothing, one sharp brand TV set and other properties belonging to Sepik Coastal Agencies. The total estimated value of the property you and your gang stole is put at over K7,000.00. Part of the properties were recovered but it is not clear exactly what was recovered with their estimated value.

Whilst you and your gang were in the process of stealing items of value from Sepik Coastal Agencies, one of the security guard managed to free his hands from your tying them together, and proceeded to free himself as well as his two colleagues. He then attacked you and pulled the gun you were carrying from you. He then caused you some injury consisting of two fractures to your head, lost of two of your teeth and other injuries. Police were eventually alerted and they came and arrested you. You were also taken to the hospital for appropriate medical treatment.

Following your arrest, you admitted to having committed the offence. In line with that, you...