The State v Bernard Bambai (2006) N3019

• Jurisdiction: Papua New Guinea
• Date: 23 March 2006
• Citation: (2006) N3019
• Docket Number: CR No 1931 of 2005
• Court: National Court
• Year: 2006

Full Title: CR No 1931 of 2005; The State v Bernard Bambai (2006) N3019

National Court: Cannings J

Judgment Delivered: 23 March 2006

1 Criminal law—indictable offence—Criminal Code, Subdivision VI.2B (offences relating to property and contracts)—injuries to property—offences—s436 (arson)—sentence on plea of guilty.

2 The State v Bart Kiohin and Henry Kevi (2005) N2811, The State v Enni Matthew and Others (No 2) (2003) N2563, The State v Henny Wamahau Ilomo [2003] PNGLR 41, The State v Leo Koligen and Patrick Michael, CR Nos 281 and 283 of 2004, 08.09.05, unreported, The State v Pelly Vireru and Others, CR Nos 468-473 of 2002, 08.09.05, unreported, The State v Prodie Akoi (2004) N2584, The State v Robin Warren and Others (No 2) (2003) N2418 referred to

A man pleaded guilty to one count of arson. He had an argument with his wife and set fire to the family home, rented premises belonging to his employer, the provincial government.

Held:

(1) In the absence of Supreme Court sentencing guidelines the starting point for sentencing for arson regarding a dwelling house is 10 years imprisonment.

(2) Strong mitigating factors identified were that: he acted alone; the offence was not planned; he pleaded guilty; he expressed remorse.

(3) A strong aggravating factor was that he put lives at risk and destroyed a valuable government asset.

(4) The head sentence is three years imprisonment.

(5) Execution of the sentence is delayed for three months to allow restitution to take place.

(6) If restitution is not effected within that period the offender will be required to show cause why he should not be immediately committed to custody to serve his sentence.

Abbreviations

The following abbreviations appear in the judgment:

J—Justice

N—National Court judgments

OK—okay; all right

PSR—pre-sentence report

WNB—West New Britain

PLEA

The accused pleaded guilty to arson and the following reasons for sentence were given.

Sentence

_______________________________

CANNINGS J:

INTRODUCTION

This is a decision on the sentence for a man who pleaded guilty to the offence of arson.

BACKGROUND

Incident

The incident giving rise to the charge took place at Kimbe in July 2004.

Indictment

On 13 February 2006 the accused was brought before the National Court and faced the following indictment:

Bernard Bambai of Penatabotong, Bali, Talasea, West New Britain Province is charged that he on the 1 July 2004 at Kimbe . . . wilfully and unlawfully set fire to a permanent building serving as a dwelling house valued at K36,162.79 and situated at Section 12, Allotment 7, Kimbe, the property of the West New Britain Provincial Government.

The indictment was presented under s436 (arson) of the Criminal Code.

FACTS

Allegations

The following allegations were put to the accused for the purpose of obtaining a plea.

At 3.00 pm on 1 July 2004 the accused had an argument with his wife at their home in Kimbe. At 10.00 pm he returned under the influence of liquor. He gathered his wife's clothes, threw them on the floor, poured kerosene over them, then set fire to them with a lighted match. The fire spread and burned down their house, valued at approximately K36,000.00. The house was owned by the WNB Provincial Government. He acted intentionally and his actions are not excused by law.

ConvictionThe accused pleaded guilty to those facts. I entered a provisional plea of guilty and then, after reading the District Court depositions, confirmed the plea and convicted him. He is now referred to as the offender.

ANTECEDENTS

The offender has no prior convictions.

ALLOCUTUS

I administered the allocutus, ie the offender was given the opportunity to say what matters the court should take into account when deciding on punishment. A paraphrased summary of his response follows:

I apologise to the court and to the government and the people of this province for what I have done. It is my first time to be in trouble with the law. I am...