The State v Henry Felap, CR 947 OF 2006; The State v Sumunson Forlker, CR 948 OF 2006; The State v Kapei Sabin, CR 949 OF 2006; The State v Keng Burugen (2006) N3160

• Jurisdiction: Papua New Guinea
• Court: National Court
• Date: 15 August 2006
• Citation: (2006) N3160
• Docket Number: CR 946 OF 2006
• Year: 2006

Full Title: CR 946 OF 2006; The State v Henry Felap, CR 947 OF 2006; The State v Sumunson Forlker, CR 948 OF 2006; The State v Kapei Sabin, CR 949 OF 2006; The State v Keng Burugen (2006) N3160

National Court: Davani.J

Judgment Delivered: 15 August 2006

SENTENCE - plea—arson—offence committed by youths—suspension of sentence appropriate—s436 (a) Criminal Code Act -

SENTENCE - arson—small garden hut destroyed—burning down intentional but not planned - two (2) years appropriate -

Cases Cited:

State v Ipu Samuel Yomb [1992] PNGLR 261; The State v Andrew Yeskulu [2003] PNGLR 27; State v Peni Bilak (2005) N2866; State v Akena Pawa [1998] PNGLR 387; State v Bernard Bambai (2006) N3019; Kurie Willie v The State [1987] PNGLR 298; State v Frank Kagai [1987] PNGLR 320

SENTENCE (No. 1)

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1. DAVANI .J: Henry Felap, Sumunson Forlker, Kapei Sabin and Ken Burugen (the ‘prisoners’) all pleaded guilty to one count of arson, charge laid pursuant to s.436(a) of the Criminal Code Act (‘CCA’). This provision reads;

“436. Arson.

A person who wilfully and unlawfully set fire to—

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

is guilty of a crime.

Penalty: Subject to s19, imprisonment for life.”

2. Other co-accused Kubul Apuai and Seid Apuai did not appear because they were prevented by bad weather and rough seas, from travelling from Karkar Island to Madang. And I accepted that because since my arrival in Madang in July 2006, that there has been very strong winds and the sea has been very rough. Travel by villagers from the surrounding islands to Madang, has been impossible or if they did travel, it was done at very great risk. And that is an undisputed fact and I take judicial notice of that. I am also aware that the four prisoners now before me, travelled to Madang in late June, 2006 and have not returned home to their island because of the bad weather. The two (2) others were not as fortunate. I gave them the benefit of the doubt and adjourned their cases to the 5...