The State v Danny Pakai (2001) N2174

• Jurisdiction: Papua New Guinea
• Citation: (2001) N2174
• Date: 17 December 2001
• Court: National Court
• Year: 2001

Full Title: The State v Danny Pakai (2001) N2174

National Court: Kandakasi J

Judgment Delivered: 17 December 2001

1 CRIMINAL LAW AND PRACTICE—Sentencing a co–accused of one already convicted—Need to avoid disparity of sentence unless exceptional circumstances exist—Co–accused already sentenced to 8 years—Not clear whether on plea of guilty or after a trial and whether co–accused had any prior convictions—8 years sentence given.

2 CRIMINAL LAW—Sentence—Armed gang robbery—Armed with two homemade shot guns, a bush knife and a bolt cutter—Value of property stolen totaling K2,023.84—Part of property stolen recovered—Guilty plea—One prior conviction—expression of remorse—8 years imprisonment imposed—Criminal Code s386(1) and s386(2)(a) and s386(2)(b), s7, s8 and s19.

3 Gimble v The State [1988–89] PNGLR 271, Public Prosecutor v Don Hale (1998) SC564, Tau Jim Anis v The State (2000) SC642, The State v Abel Airi (2000) N2007, The State v Lawrie Patrick [1995] PNGLR 195, The State v Edward Toude (No 2) (2001) N2299, Andrew Uramani v The State [1996] PNGLR 287

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Kandakasi J: You pleaded guilty on Thursday the 13th of this month to one count of armed robbery contrary to s386(1) and (2)(a) and (b) of the Criminal Code.

The Facts

The facts leading to your charge and plea of guilty are straightforward. On 27 May 2000, around midnight, you were in the company of four others. You were armed with two home made shotguns, a bush knife and a bolt cutter. You went to the Shell Deport here in Wewak and gained excess to the premises using the bolt cutter to cut your way through the fence. Once inside the premises, you held up three security guards that were guarding the premises that night. You then got into the office and stole from there a computer set with a monitor and a keyboard and other items including personal items the three security men had with them that night. The monitor was valued K1,500.00 and the...