The State v Spakman Sepi Komine

• Jurisdiction: Papua New Guinea
• Citation: (1998) N1813
• Date: 10 June 1998
• Court: National Court
• Year: 1998

National Court: Sawong J

Judgment Delivered: 10 June 1998

1 Criminal Law—sentence—armed robbery of motor vehicle—Plea of guilty—appropriate sentence—robbery is a serious crime—violence and prevalence—immediate punitive and deterrent custodial sentence is appropriate—parity of sentence—Gimble v The State [1988–89] PNGLR 271 and Yamogo Yoanes v The State, Unreported Judgment of Supreme Court, dated 27 November 1997 referred to

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Sawong J: The accused pleaded guilty to a charge of armed robbery, an offence contrary to s386(2)(d) of the Criminal Code. You were convicted and I adjourned sentencing you to today.

The facts of the case are as follows.

On evening of 25 April 1997, you were at your village, when some five other young men approached you. They told you of a plan to go to the Highway and set up a road block to rob people travelling on the said highway. And so you were persuaded to accompany them and all six of you then went to the said highway and hid yourselves near the Bena Bridge waiting for oncoming vehicles. At that time the six of your were acting together and in each others company. The evidence shows that between the six of you, you were carrying four (4) shotguns and two knives. While you were hiding and waiting, a white mazda truck driven by Kumono Mogia and owned by Bormal Tinemau, was seen approaching the place where you and your friends were hiding. The people in the truck were driving to Madang to pay a brideprice. They were then carrying three pigs, some cash and other personal properties. All...