The State v John Pesa

• Jurisdiction: Papua New Guinea
• Citation: [1994] PNGLR 317
• Date: 12 May 1994
• Court: National Court
• Year: 1994

National Court: Injia AJ

Judgment Delivered: 12 May 1994

1 Criminal law—sentence—whether cumulative sentences appropriate—aggravated robbery—guilty plea—3 different victims in 3 different houses in same area—5–year sentences for each charge made cumulative—15–year total excessive—crushing effect on young offender's future—each sentence reduced 2 years—total of 9 years

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Injia AJ: The prisoner pleaded guilty to the following three (3) counts of aggravated robbery pursuant to s386(2)(a)(b) of the Criminal Code (Ch262).

"1st Count: JOHN PESA of EMBAEKAETA is charged that he on the 11th day of February 1994, at Irigi compound in Popondetta in Papua New Guinea stole from one DOEMO PAEMO with threat to use actual violence a sum of Ten Kina (K10.00) in cash, two (2) bedsheets, two (2) blue jeans, and national radio cassette player, a pair of soccer boots, two (2) stringbags and three (3) "T" shirts the properties of the said DOEMO PAEMO and including his wife's two (2) dresses.

And at this time aforesaid the said JOHN PESA was in company with two (2) others and were armed with dangerous weapons namely a home made gun and a grass knife and a home made pistol.

2nd Count: AND ALSO THAT the said JOHN PESA is charged that he on the 11th day of February 1994, at Irigi Compound, Popondetta in Papua New Guinea stole from one LEBAN SAGI with threat to use actual violence a sum of Forty Kina (K40.00) in cash the property of the said LEBAN SAGI.

And at this time aforesaid the said JOHN PESA was in company with two (2) others and were armed with dangerous weapons namely a home made shot gun and a grass knife and a home made pistol.

3rd Count: AND ALSO THAT the said JOHN PESA is charged that he on the 11th day of February 1994 at Irigi Compound, Popondetta in Papua New Guinea stole from one MAGURU NAPE with threat to use actual violence a sum of Forty Kina (K40.00) in cash the property of the said MAGURU NAPE.

And at this time aforesaid JOHN PESA was in company with two (2) others and were armed with dangerous weapons namely a home made shot gun and a grass knife and a home made pistol."

The circumstances of the three offences are as set out in the statements of various witnesses which are contained in the Court depositions. On the early evening of Friday the 11th of February 1994, the prisoner and two of his friends covered their faces with masks and armed themselves with a shotgun, a home–made pistol and a grass knife and went to Irigi Compound. At 8.30am they first went to the house of Doemo Paemo. Doemo was then employed as a harvester with the Oil Palm Company. Whilst Doemo and a friend of his were sitting on the verandah talking, the three men approached them and held them up. They threatened to kill Doemo unless he gave them the pay money he received that day. Doemo got scared and gave them K10.00 which money was the...