The State v Morris Yepin (2005) N3503

• Jurisdiction: Papua New Guinea
• Citation: (2005) N3503
• Date: 21 December 2005
• Docket Number: CR NO. 72 of 2005
• Court: National Court
• Year: 2005

Full Title: CR NO. 72 of 2005; The State v Morris Yepin (2005) N3503

National Court: Kandakasi, J

Judgment Delivered: 21 December, 2005

DECISION ON SENTENCE

CRIMINAL LAW – Sentence – Particular offence – Wilfully making false promise with intend to defraud – Sentencing guidelines – Adopted and applied Wellington Belawa v State guidelines – Senior prison officer making promise to use his account to receive and remit to prisoners funds from their relatives – Prisoner agreeing to make use of – Payments made into officer’s account but not paid over to owners - Promises of shortening prison term to cover for failure to repay with no intent to do so – Receiving total of K500.00 – Breach of trust placed in offender – Offender prepared to restitute – 2 years fully suspended sentence on strict conditions imposed – s404, s19 of the Criminal Code

Cases cited:

The State v John Kil [2000] PNGLR 253; Wellington Belawa v The State [1988-89] PNGLR 496, at pp. 500-50.

Text cited:

Criminal Law and Practice of Papua New Guinea DRC Chalmers, D Weisbrot, S Injia, WJ Andrew and D Nicol, Law Book Co, (Sydney) 2001, at pp. 378-381.

1. KANDAKASI J: You pleaded guilty to two charges of wilfully making false promises and thereby received a sum of K300.00 and K200.00 from prisoners between 11th and 21st June 2004, contrary to s404 of the Criminal Code.

Relevant Facts

2. You were and still are a senior member of the Correction Service, holding the rank of a Lance Corporal, attached to the Vanimo Correction Services. Between 1st and 2nd June 2004, you were on active duty as officer in charge of the reception and discharge section. It is within your duties to receive and discharge prisoners coming into and going out of the prison.

3. On 9th June 2004, a prisoner, namely Somare Ova who had earlier come in as a prisoner from Aitape wrote out a fax with your assistance to his family asking for K500.00 toward the prisoner’s transport costs back to Aitape on his discharge. The prisoner asked at your suggestion that the monies be deposited into your bank account. You promised him that as soon as the money gets into the account, you would have it withdrawn and hand it over to him.

4. The prisoner’s family deposited K300.00 into your account on 10th June 2004. You withdrew the whole of that money on the same day and applied them to your own personal use, without the expressed approval of the prisoner. However, you did inform him of the money getting into your account but did not tell him that you used them. Later that became apparent as you could not give the prisoner his money despite repeated requests from him.

5. To cover up for stealing and applying to your own use the prisoner’s money, you promised him on 21st June 2004, that you would deduct his prison term. That did not happen as the prisoner reported you to your superiors which led to your arrest and now stand charged and convicted before this Court.

6. In much the same way you took K200.00 from the family or relatives of another prisoner, George Nixon Saus, also of Aitape. You applied to your own use that money. You did not adhere to repeated requests for repayment. To cover up for your stealing and applying to your own use the prisoner’s money, you made promises similar to the one made to Somare Ova. You also failed to deliver to George Nixon Saus on your promise.

The Offence and Sentencing Trend.

7. Section 404 (1) of the Code proscribes the offence with...