The State v Danny Yannam (2008) N3958

• Jurisdiction: Papua New Guinea
• Date: 22 February 2008
• Citation: (2008) N3958
• Docket Number: CR NO 68 0F 2008
• Court: National Court
• Year: 2008

Full Title: CR NO 68 0F 2008; The State v Danny Yannam (2008) N3958

National Court: Cannings J

Judgment Delivered: 22 February 2008

SENTENCE

CRIMINAL LAW—sentence—Criminal Code, Subdivision VI.1.C (offences analogous to stealing)—s383A (misappropriation of property)—sentence on plea of guilty—K800.00 misappropriated—sentence of 1 year

A man pleaded guilty to misappropriation. He got K800.00 in good faith from a family he had befriended on the pretext that he would buy them a TV set and other items. He took the money and never returned and never provided the goods.

Held:

(1) The starting point for sentencing for the amount misappropriated is two years imprisonment.

(2) A sentence of one year imprisonment was imposed. The pre-sentence period in custody was deducted and none of the sentence was suspended.

Cases cited

The following cases are cited in the judgment:

Saperus Yalibakut v The State (2006) SC890, 27.04.06; The State v Augustine Seckry CR 376 of 2005, 19.04.05; The State v Joyce Gulum CR 1620 of 2005, 06.04.06; The State v Paul Taro CR 237 of 2006, 03.08.06; The State v Rictor Naiab CR 387 of 2005, 08.09.05; The State v Steven Lasin CR No 1631 of 2006, 17.08.07; Wellington Belawa v The State [1988–89] PNGLR 496

SENTENCE

This was a judgment on sentence for misappropriation.

22 February, 2008

1. CANNINGS J: This is a decision on sentence for a man, Danny Yannam, who pleaded guilty to one count of misappropriation.

2. He was at Ramu Sugar on 23 January 2006 where he met the complainant, Geoffrey Karl. He asked Geoffrey if he had any electrical appliances that needed repairing. Geoffrey invited him to his house and allowed him to check his TV set. He checked the TV and told Geoffrey it was beyond repair and that he could get another one at a discount price at the Supa Value store in Lae. He could also get some other store goods at a good price, he said. Geoffrey gave him K800.00 cash to buy those items but he never provided them, never came back and never returned the money. He applied it to his own use contrary to the conditions on which it had been entrusted to him.

3. I entered a provisional plea of guilty and then, after reading the District Court depositions, confirmed the plea and convicted Danny Yannam of misappropriation under Section 383A of the Criminal Code.

ANTECEDENTS

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