The State v Johnson Maurani (2008) N3560
| Jurisdiction | Papua New Guinea |
| Date | 03 September 2008 |
| Citation | (2008) N3560 |
| Docket Number | CR 1162 of 2006 |
| Court | National Court |
| Year | 2008 |
Full Title: CR 1162 of 2006; The State v Johnson Maurani (2008) N3560
National Court: Davani J
Judgment Delivered: 3 September 2008
CRIMINAL – sentence – stealing – theft from sawmill – s372 (1)(10) of Criminal Code Act
SENTENCE – stealing – guilty plea – co accused - parity of sentence – 3 years and 6 months
Facts
Prisoner pleaded guilty to one count of stealing, under s372(1) of the Criminal Code Act. The facts were that he, with several others, stole a chainsaw, the property of a company. His other co-accused was sentenced to 3 years and 6 months on a guilty plea.
Issue
Should the prisoner serve a custodial sentence?
Held
As stealing is a prevalent offence in Papua New Guinea, the Court’s sentence must reflect that. Considering also the principle of parity of sentencing, the prisoner is sentenced to 3 years and 6 months, the same term as his co-accused, who was earlier sentenced.
Cases cited
The State v Spakman Sepi Komine (1998) N1813; he State v Ojawe Tunmai (2000) N1988; The State v Frank Suwari (2001) N2173; The State v Vincent Malara (2002) N2188
SENTENCE
1. DAVANI .J: On 2nd September, 2008, Johnson Maurani (‘prisoner’) pleaded guilty to the following facts;
- that he on 2nd May, 2005 at Wabo, Alotau in the Milne Bay Province, stole from one Matson Chris, a chainsaw, the property of Central Sawmill, contravening s372 (1)(10) of the Criminal Code Act (‘CCA’). This provision reads;
“372. Stealing
(1) Any person who steals anything capable of being stolen is guilty of a crime.
Penalty: Subject to this section, imprisonment for a term not exceeding three years.
. . .
(10) If the thing stolen is of the value of K1,000.00 or upwards, the offender is liable to imprisonment for a term not exceeding seven years.”
Background Facts
2. The prisoner was involved in the commission of this offence with several others. On 12th May, 2008, his co-accused, Rex Ray Daniel, pleaded guilty and was sentenced to 3 years and 6...
To continue reading
Request your trial
-
The State v Simon Paul Korai (2009) N3820
...2007 of 2005, Unreported Judgment of Lenalia, J delivered on 10 May 2006; The State v Jack Maite (2007) N3269; The State v Johnson Maurani (2008) N3560; The State v Geo Rayner Laina (2008) N3344; The State v Roselyn Waiembi (2008) N3708; The State v Francisca Iralu (2008) N3710; The State v......
-
The State v Lui Nicky
...Manu Kovi v. The State (2005) SC789 State v. Eremas Kuvir (2015) N6035 State v. John Kanua Siune (2003) N5014 State v. Johnson Maurani (2008) N3560 State v. John Wanimba and Ors (2005) N2863 State v. Laurie Kamuel Paugari and Ors (2011) N4438 State v. Philip Bira (2009) N3633 State v. Todd ......
-
The State v Yani Paul and Linsey Icy (2019) N8026
...N2930 The State v Ian Sevevepa, CR No.2007 of 2005, unreported, 10 May 2006 The State v Roselyn Waiembi(2008) N3708 The State v Maurani (2008) N3560 The State v Taba (2010) N3939 The State v Bobo (2011) N4416 The State v Tiensten (2014) N5563 The State v Tardrew [1986] PNGLR 91 Wellington B......
-
The State v Mathias Watt
...soon got himself a job in the company that his wife was employed in. 10. Counsel for the prisoner referred to The State v Johnson Maurani (2008) N3560 where the prisoner was sentenced to three years and six months for stealing a chainsaw. It was suggested that a term between 3 and 4 years w......
-
The State v Simon Paul Korai (2009) N3820
...2007 of 2005, Unreported Judgment of Lenalia, J delivered on 10 May 2006; The State v Jack Maite (2007) N3269; The State v Johnson Maurani (2008) N3560; The State v Geo Rayner Laina (2008) N3344; The State v Roselyn Waiembi (2008) N3708; The State v Francisca Iralu (2008) N3710; The State v......
-
The State v Lui Nicky
...Manu Kovi v. The State (2005) SC789 State v. Eremas Kuvir (2015) N6035 State v. John Kanua Siune (2003) N5014 State v. Johnson Maurani (2008) N3560 State v. John Wanimba and Ors (2005) N2863 State v. Laurie Kamuel Paugari and Ors (2011) N4438 State v. Philip Bira (2009) N3633 State v. Todd ......
-
The State v Yani Paul and Linsey Icy (2019) N8026
...N2930 The State v Ian Sevevepa, CR No.2007 of 2005, unreported, 10 May 2006 The State v Roselyn Waiembi(2008) N3708 The State v Maurani (2008) N3560 The State v Taba (2010) N3939 The State v Bobo (2011) N4416 The State v Tiensten (2014) N5563 The State v Tardrew [1986] PNGLR 91 Wellington B......
-
The State v Mathias Watt
...soon got himself a job in the company that his wife was employed in. 10. Counsel for the prisoner referred to The State v Johnson Maurani (2008) N3560 where the prisoner was sentenced to three years and six months for stealing a chainsaw. It was suggested that a term between 3 and 4 years w......