CR. 88 of 2012; The State v Langalen Yandan (No. 2) (2012) N4833

• Jurisdiction: Papua New Guinea
• Citation: (2012) N4833
• Date: 19 October 2012
• Court: National Court
• Year: 2012

Full Title: CR. 88 of 2012; The State v Langalen Yandan (No. 2) (2012) N4833

National Court: Gauli AJ

Judgment Delivered: 19 October 2012

CRIMINAL LAW—Sentence—Guilty after trial—Arson—Criminal Code, s436 (a)—Set fire to his sister’s traditional bush material house—Completely burnt down with all their belongings—Motive—Long standing land dispute—Prisoner acted alone—First time offender—Prevalent offence—Suspension of sentence—Court has power to suspend sentence pursuant to s19 (6) (b) of the Code—Sentenced to 3 years IHL—Pre - trial custody period deducted—Balance of 2 years 7 months and 4 days wholly suspended on condition.

Cases Cited:

The State v Andrew Yeskulu [2003] PNGLR 27Goli Golu v The State [1979] PNGLR 653; Lawrence Simbe v The State [1994] PNGLR 38; The State v Ipu Samuel Yomb [1992] PNGLR 261; The State v Seye Wasea Bukere (1999) N1848; The State v Andrew Yeskulu [2003] PNGLR 27; The State v Bernard Bambai (2006) N3019; The State v James Wakis (2008) N3426; Joe Giamur v The State (2007) SC884; The State v Micky John Lausi (2001) N2073; The State v Enni Mathew (No 2) (2003) N2563

DECISION ON SENTENCE

1. GAULI AJ: This is the decision on sentencing. The prisoner Langaleng Yandan has being found guilty and convicted after trial on one count of arson, charged under s436 (a) of the Criminal Code.

2. The circumstance on which this offence was committed are these. That on Saturday 15th January 2011 at Lamendaimanda village, Wapenamanda in Enga Province, between 11.00am and 12.00 noon, the accused went to the traditional dwelling house of his sister Nyalan Lyokata and he set fire to it. At that material time, Nyalan Lyokata was attending the church service and there was no one in the house. When she heard a shout that her house was on fire, she ran out of the church. By the time she reached her house it was all in ashes. The house and all their belongings worth K10,000.00 went up in the flame except the clothes they were wearing.

3. There was a long standing land dispute between the prisoner and his sister Nyalan since 1995 over the piece of land on which the house was burnt down. The dispute was brought before the village court. The decision was made in favour of the sister Nyalan. The prisoner appealed and the District Court upheld the village court decision. The prisoner has appealed to the National Court and the appeal is still pending.

THE LAW

4. The law in relation to the offence of arson is in the following terms:

Section 436 Arson

A person who wilfully and unlawfully sets fire to—

(a) A building or a structure, whether completed or not,

is guilty of a crime.

Penalty: Subject to Section 19, imprisonment for life.

5. The offence of arson is punishable by a term of life year imprisonment but subject to s19 (1) of the Criminal Code, which gives the court the discretion to impose sentences lower than the maximum penalty. The law in regards to sentencing is well settled by the Supreme Court in the case of Goli Golu v The State [1979] PNGLR 653 and other cases that follows, that a maximum penalty is reserved for the worst category of any offence under consideration before the Court. And that in sentencing, each case must be decided on its own facts and circumstances; see Lawrence Simbe v The State [1994] PNGLR 38.

ANTECEDENT REPORTS

6. The prisoner has no prior criminal records. He is the first time offender.

ALLOCUTUS

7. In his allocutus, the prisoner confirmed that he has no prior convictions. He is a strong and committed SDA Church member. He is a single villager with no children. His sister is trying to get his land so she went and settle on the land. He never had a fight or argument with anyone. And he asked the court for mercy.

PERSONAL PARTICULARS

8. The prisoner...