Seo Ross v The State (1999) SC605
| Jurisdiction | Papua New Guinea |
| Citation | (1999) SC605 |
| Date | 30 April 1999 |
| Court | Supreme Court |
| Year | 1999 |
Full Title: Seo Ross v The State (1999) SC605
Supreme Court: Kapi DCJ, Sevua J, Kirriwom J
Judgment Delivered: 30 April 1999
1 Appeal—Sentence—Appeal against imposition of custodial punishment—Sentence not excessive—No identifiable error—Appeal dismissed.
___________________________
By the Court: The appellant Seo Ross was convicted and sentenced by the National Court on two counts of stealing under s372(5) of the Criminal Code. Under this section the maximum penalty is seven years imprisonment. On 18 November 1998, the appellant pleaded guilty to both counts and after hearing submissions in mitigation the trial judge sentenced him to two years imprisonment on each count and ordered the sentences to be served cumulatively. Allowance was made for time spent in custody.
The appeal is against sentence only. The appellant is contending that the trial Judge should have imposed a non–custodial sentence on him because he pleaded guilty, he is a first offender, all monies stolen have been recovered, he has a large family which is dependent on him and that he is so sorry for what he had done. These are factors in mitigation that were in fact placed before the trial Judge who clearly took them into consideration before passing sentence on the appellant. (See Appeal Book p 36)
Before this Court can interfere with the sentences imposed by the National Court, the appellant must show that the trial Judge had...
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The State v Romney Naptelai Simonopa (2004) N2551
...The State v Timothy Tio (2002) N2265, The State v Robert Kawin (2001) N2167, Gimble v The State [1988–89] PNGLR 271, Seo Ross v The State (1999) SC605, The State v Michael Kamipe (1996) N1471, Allan Peter Utieng v The State (2000) SCR15 of 2000 (Unreported and unnumbered judgment of the Sup......
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The State v Simon Paul Korai (2009) N3820
...[1986] PNGLR 91; Wellington Belawa v The State [1988–89] PNGLR 496; Lawrence Simbe v The State [1994] PNGLR 38; Seo Ross v The State (1999) SC605; The State v John Akoko (2001) N2061; The State v Robert Kawin (2001) N2167; The State v Timothy Tio (2002) N2265; The State v Louise Paraka (200......
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The State v Peter Lare (2004) N2557
...in The State v Kenneth Penias [1994] PNGLR 48. The Supreme Court approved an application of that principle in Seo Ross v The State (1999) SC605: See also TThe State v Kenny Reuben Irowen [2002] PNGLR 190 and The State v Amos Kiap (2003) N2452. In your case, I find that the aggravating facto......
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The State v Kemai Lumou (2004) N2684
...in Wewak on 23 November 2000), The State v Lucas Yovura (2003) N2366, The State v Kenneth Penias [1994] PNGLR 48, Seo Ross v The State (1999) SC605, The State v Donald Poni (2004) N2663 referred to ___________________________ Kandakasi J: On Friday 17th last week, this Court found you guilt......
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The State v Romney Naptelai Simonopa (2004) N2551
...The State v Timothy Tio (2002) N2265, The State v Robert Kawin (2001) N2167, Gimble v The State [1988–89] PNGLR 271, Seo Ross v The State (1999) SC605, The State v Michael Kamipe (1996) N1471, Allan Peter Utieng v The State (2000) SCR15 of 2000 (Unreported and unnumbered judgment of the Sup......
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The State v Simon Paul Korai (2009) N3820
...[1986] PNGLR 91; Wellington Belawa v The State [1988–89] PNGLR 496; Lawrence Simbe v The State [1994] PNGLR 38; Seo Ross v The State (1999) SC605; The State v John Akoko (2001) N2061; The State v Robert Kawin (2001) N2167; The State v Timothy Tio (2002) N2265; The State v Louise Paraka (200......
-
The State v Peter Lare (2004) N2557
...in The State v Kenneth Penias [1994] PNGLR 48. The Supreme Court approved an application of that principle in Seo Ross v The State (1999) SC605: See also TThe State v Kenny Reuben Irowen [2002] PNGLR 190 and The State v Amos Kiap (2003) N2452. In your case, I find that the aggravating facto......
-
The State v Kemai Lumou (2004) N2684
...in Wewak on 23 November 2000), The State v Lucas Yovura (2003) N2366, The State v Kenneth Penias [1994] PNGLR 48, Seo Ross v The State (1999) SC605, The State v Donald Poni (2004) N2663 referred to ___________________________ Kandakasi J: On Friday 17th last week, this Court found you guilt......