The State v A Juvenile, "TAA" (2006) N3017
Jurisdiction | Papua New Guinea |
Date | 23 March 2006 |
Citation | (2006) N3017 |
Docket Number | CR Nos 1585 of 2005 and 156 of 2006 |
Court | National Court |
Year | 2006 |
Full Title: CR Nos 1585 of 2005 and 156 of 2006; The State v A Juvenile, "TAA" (2006) N3017
National Court: Cannings J
Judgment Delivered: 23 March 2006
1 Criminal law—sentences—indictable offence—Criminal Code, Subdivision VI.1.D (stealing with violence: extortion by threats)—s386 (the offence of robbery)—robbery of a store—armed gang—nobody physically injured—guilty plea—head sentence of 3 years imprisonment.
2 Criminal law—sentencing—indictable offence—Criminal Code, Division III.6 (escapes: rescues: obstructing officers of courts)—s139 (escape by offender)—sentence on plea of guilty—escape from correctional institution—offender surrendered soon after escape—identification of relevant considerations—application of relevant considerations—sentence of 5 years—offender must serve minimum sentence of one year—balance of four years suspended on conditions.
3 Edmund Gima and Siune Arnold v The State (2003) SC730, Gimble v The State [1988-89] PNGLR 271, Philip Kassman v The State (2004) SC759, Public Prosecutor v Don Hale (1998) SC564, SCR No 1 of 1994; The State v Aruve Waiba 04.04.96, unreported, Tau Jim Anis v The State (2000) SC642, TThe State v Aaron Lahu (2005) N2798, The State v Jacky Vutnamur and Kaki Kialo (No 3) (2005) N2919, The State v Mark Kanupio (2005) N2800 referred to
A juvenile pleaded guilty to two charges: (a) armed gang robbery of a storekeeper who had just left his store and was on his way to the bank with the store's takings; and (b) escape from custody while in remand in connection with the armed robbery charge. The two charges were tried together.
Held:
The offender was sentenced to four years imprisonment on the armed robbery charge and five years on the escape charge, a total of nine years. The sentences were expressed to be served cumulatively but when the totality principle was applied the total sentence was reduced to five years, with a minimum of two years to be served after which the prisoner will be eligible for early release.
Abbreviations
The following abbreviations appear in the judgment:
CS—Correctional Service
J—Justice
K—Kina
N—National Court judgment
No—number
PNG—Papua New Guinea
PNGLR—Papua New Guinea Law Reports
SC—Supreme Court judgment
SCR—Supreme Court Review
WNB—West New Britain
PLEA
The accused pleaded guilty to armed robbery and escape from lawful custody and the reasons for sentence are given below.
Sentence
_______________________________
CANNINGS J:
INTRODUCTION
This is a decision on the sentences for a male juvenile who pleaded guilty to armed robbery and escape from lawful custody.
STATUS AS A JUVENILE
Jurisdiction of National Court
The accused is aged 17. He is therefore a "juvenile", being aged not less than seven years and less than 18 years, as defined by s2 of the Juvenile Courts Act 1991. That Act provides for appointment of Juvenile Court Magistrates for particular areas and for establishment of Juvenile Courts and prescribes special procedures for dealing with criminal charges against juveniles.
This matter was dealt with by the National Court rather than a Juvenile Court as one of the charges (armed robbery) carries a maximum penalty of life imprisonment and s15 of the Juvenile Courts Act provides that in such situations the matter should be tried in the National Court, which is a court of unlimited jurisdiction (see Constitution, s163(2), s155(3)(a), 155(4), 166(1)). In any event there is no Juvenile Court in West New Britain.
Special procedures
In exercising jurisdiction I applied special rules and procedures under the Juvenile Courts Act, in particular the following:
·in proceedings and actions under the Act the interests of a juvenile shall be the paramount consideration (s4);
·a court exercising jurisdiction under s17(1) shall so far as is practicable, sit and conduct proceedings in accordance with the Act (s17(2));
·the proceedings are to be conducted in camera (s23);
·the court is not bound by the strict rules of evidence (s25);
·special procedures apply when taking a plea (s27);
·publication of the proceedings is restricted (s28).
Restriction of publication of proceedings
I expressly authorise the publication of this judgment as a report of these proceedings, pursuant to s28(1)(a). I do that as it is important that there be a record of these proceedings and that people understand the special status given by the law to juveniles and how their cases are dealt with. However, consistent with s28(2), I cannot and do not authorise the publication of the juvenile's name or the name of the school, if any, that he is attending or the name of his village or any other particulars which are likely to lead to identification of those matters. That is why the accused is referred to as 'a juvenile, TAA'.
BACKGROUND
Incidents
The armed robbery incident took place on the morning of 19 July 2004 in Kimbe. The escape occurred at Lakiemata Gaol near Kimbe on 14 August 2005.
Indictments
On 13 February 2006 the accused was brought before the National Court and faced two indictments.
The indictment regarding the armed robbery charge was presented under s386(1), (2)(a) and (2)(b) of the Criminal Code. It stated:
TAA of … WNB Province stands charged that he on 19 July 2004 at Kimbe . . . stole from one Richard Aung with threats of actual violence K47,970.00 in cash the property of Shoppers Choice, Kimbe.
And at the same time [he] was armed with one factory-made pistol and one homemade gun, being dangerous and offensive weapons and was in company with five other persons.
The indictment regarding the escape charge was presented under s139 of the Criminal Code. It stated:
TAA of . . . WNB Province, stands charged that he on the 14 August 2005 at Lakiemata . . . whilst being a offender in lawful custody of the Correctional Service Commander escaped from such custody.
FACTS
Allegations
The following allegations were put to the accused for the purpose of obtaining his pleas.
Armed robbery
The accused was a member of a gang of six men who held up a storekeeper at the back of the Shoppers Choice store in Kisore, Kimbe. The gang was armed with a factory-made pistol and a home-made gun. When the manager of the store, Richard Aung, came out of the store to do the banking, the accused and his companions approached him, pointed the pistol at the manager and his off-sider, ordered them out of the vehicle, then got into the vehicle and drove away. The accused and his companions drove towards s10 bush camp and went into the mountains with the money.
Escape
In August 2005 the accused was being held in remand ('wait-court') at Lakiemata Gaol awaiting trial on the armed robbery charge. On Sunday 14 August 2005 a number of Correctional Service personnel were on escort duty, taking a number of detainees to the sittings of the National Court at Bialla. The accused knew that the gaol did not have enough manpower, so he and eight other detainees cut the security wire fencing and dashed into the nearby bush. The accused and two others were caught in the process of escaping and one of them was shot dead.
CONVICTIONS
The accused stated that the allegations were true. I entered provisional pleas of guilty and then, after reading the District Court depositions, confirmed the pleas and convicted the accused of...
To continue reading
Request your trial-
The State v Philip Bira (2009) N3633
...PNGLR 172; Tau Jim Anis v The State (2000) SC642; The State v A Juvenile “ET” CR No 1012/ 2003, 09.04.05; The State v A Juvenile, "TAA" (2006) N3017; The State v Alphonse Polpolio and Jeffery Baru CR No 865 + 701/2006, 14.07.06; The State v Danny Pakai (2001) N2174; The State v Dickson Kaub......
-
The State v Alphonse Polpolio and Jeffery Baru (2006) N4514
...27.04.06; Tau Jim Anis v The State (2000) SC642; The State v A Juvenile “ET” CR No 1012/ 2003, 09.04.05; The State v A Juvenile, "TAA" (2006) N3017; The State v Aaron Lahu (2005) N2798; The State v David Bandi CR No 729/2003, 20.04.05; The State v Dickson Kauboi CR No 495/2001, 07.06.06; Th......
-
The State v William Nanua Kapris and Jacob Peningi Okimbari and Collin Masilo and Johnny Gumaira and Damien Inanei and Kito Aso and Joyce Maima and Bobby Selan and Reuben Micah and Isabella Kivare and Elvis Bala Aka and Peter Allan Popo (2011) N4305
...(2006) SC890 Tau Jim Anis v The State (2000) SC642 The State v A Juvenile “ET” CR No 1012/ 2003, 09.04.05 The State v A Juvenile, “TAA” (2006) N3017 The State v Aaron Lahu (2005) N2798 The State v Alphonse Polpolio and Jeffery Baru CR No 865 + 701/2006, 14.07.06 The State v Chris Baili CR N......
-
The State v Joe Sekin (2006) N4479
...The following cases are cited in the judgment: Saperus Yalibakut v The State SCRA No 52 of 2005, 27.04.06; The State v A Juvenile, "TAA" (2006) N3017; The State v Andrew Yeskulu [2003] PNGLR 27; The State v Bart Kiohin Mais (2005) N2811; The State v Enni Mathew (No 2) (2003) N2563; The Stat......
-
The State v Philip Bira (2009) N3633
...PNGLR 172; Tau Jim Anis v The State (2000) SC642; The State v A Juvenile “ET” CR No 1012/ 2003, 09.04.05; The State v A Juvenile, "TAA" (2006) N3017; The State v Alphonse Polpolio and Jeffery Baru CR No 865 + 701/2006, 14.07.06; The State v Danny Pakai (2001) N2174; The State v Dickson Kaub......
-
The State v Alphonse Polpolio and Jeffery Baru (2006) N4514
...27.04.06; Tau Jim Anis v The State (2000) SC642; The State v A Juvenile “ET” CR No 1012/ 2003, 09.04.05; The State v A Juvenile, "TAA" (2006) N3017; The State v Aaron Lahu (2005) N2798; The State v David Bandi CR No 729/2003, 20.04.05; The State v Dickson Kauboi CR No 495/2001, 07.06.06; Th......
-
The State v William Nanua Kapris and Jacob Peningi Okimbari and Collin Masilo and Johnny Gumaira and Damien Inanei and Kito Aso and Joyce Maima and Bobby Selan and Reuben Micah and Isabella Kivare and Elvis Bala Aka and Peter Allan Popo (2011) N4305
...(2006) SC890 Tau Jim Anis v The State (2000) SC642 The State v A Juvenile “ET” CR No 1012/ 2003, 09.04.05 The State v A Juvenile, “TAA” (2006) N3017 The State v Aaron Lahu (2005) N2798 The State v Alphonse Polpolio and Jeffery Baru CR No 865 + 701/2006, 14.07.06 The State v Chris Baili CR N......
-
The State v Joe Sekin (2006) N4479
...The following cases are cited in the judgment: Saperus Yalibakut v The State SCRA No 52 of 2005, 27.04.06; The State v A Juvenile, "TAA" (2006) N3017; The State v Andrew Yeskulu [2003] PNGLR 27; The State v Bart Kiohin Mais (2005) N2811; The State v Enni Mathew (No 2) (2003) N2563; The Stat......