The State v Lukeson Olewale (2004) N2758
| Jurisdiction | Papua New Guinea |
| Citation | (2004) N2758 |
| Date | 29 October 2004 |
| Court | National Court |
| Year | 2004 |
Full Title: The State v Lukeson Olewale (2004) N2758
National Court: David AJ
Judgment Delivered: 29 October 2004
1 CRIMINAL LAW—Sentencing—uttering a cheque and misappropriation—amount misappropriated K40,000.00—Means Assessment Report shows that prisoner has no immediate means to make restitution—family willing to assist prisoner make restitution—Three (3) years imprisonment in hard labour for uttering—Four (4) years imprisonment in hard labour for misappropriation—sentences to be served concurrently—s462(3)(h), s463(2) and s383A(1) Criminal Code.
2 Wellington Belawa v The State [1988–89] PNGLR 496, The State v Louise Paraka (2002) N2317, The State v Paroa Kaia (1995) N1401 referred to
Decision On Sentence
___________________________
David AJ: The prisoner pleaded guilty to one (1) count of uttering a cheque and one (1) count of misappropriation contrary to s463(2) and s383A(1) of the Criminal Code. The brief facts presented by the State were that the prisoner uttered a cheque for K40,000.00 against the account of Fly River Provincial Government operated at Papua New Guinea Banking Corporation, Port Moresby Branch ("the bank") and was deposited into the prisoner's personal account which was also operated at the bank. An amount of K38,000.00 was withdrawn immediately after the cheque was cleared, but the State conceded that the prisoner only applied to his own use K12,000.00 the property of Fly River Provincial Government and the balance was distributed to the prisoner's other conspirators and others. The prisoner pleaded guilty to the two (2) charges on those basis.
Evidence
The prisoner at the material time was a Revenue Officer employed in the Revenue Section of the Fly River Provincial Government, Daru and the Acting Executive Officer to the Liquor Licensing Board.
On 19 June 2001 the prisoner instructed a Ms Marian Kila, a typist employed in the Education Office, Daru to type the prisoner's name and the figure K40,000.00 on the said cheque. The cheque was already signed, which was forged, and only required the name of the payee and the amount to be typed in when it was given to Ms Kila. Ms Kila did as she was instructed and gave the said cheque back to the prisoner who travelled to Port Moresby thereafter.
On 4 July 2001 at Port Moresby, the prisoner presented cheque number 018350 dated 19 June 2001 made...
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