The State v Rocky Walesa Peraki (2003) N2463

JurisdictionPapua New Guinea
Citation(2003) N2463
Date18 September 2003
CourtNational Court
Year2003

Full Title: The State v Rocky Walesa Peraki (2003) N2463

National Court: Jalina J

Judgment Delivered: 18 September 2003

1 Criminal Law—Stealing—Sentence—Plea of guilty—Stealing of State Vehicle by former State employee with spare key—Vehicle stolen as retaliation for refusal to refund personal expenditures and underpayment of entitlements—Vehicle hidden in another province for almost two years—parts of vehicle stolen—Recovery and Restoration of vehicle at huge public expense—Unilateral action seeking to hold the State at ransom—need for deterrence—Custodial sentence necessary—Criminal Code s372(1) and (10).

2 Wellington Belawa v The State [1988–89] PNGLR 496 referred to

___________________________

Jalina J: The prisoner Rocky Walesa Peraki of Lakuni Village, Kandep, in the Enga Province has been charged that he on 3 July 2001 at Pina, stole a Toyota Land Cruiser Utility Registration No PAC 397 valued at K80,000.00 the property of the Independent State of Papua New Guinea. He has pleaded guilty to the charge.

Facts put to the court by the State Prosecutor for purposes of arraignment as well as evidence on file shows that the prisoner was previously employed by the Porgera District Administration as a driver for 2 years but was terminated for misconduct relating to his employment and paid his entitlements. Though he came from the Kandep District he did not return to Kandep but remained in Porgera after his termination.

On 2 July 2001...

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2 practice notes
  • The State v Simon Paul Korai (2009) N3820
    • Papua New Guinea
    • National Court
    • December 18, 2009
    ...Tio (2002) N2265; The State v Louise Paraka (2002) N2317; The State v Richard Dusal Bix (2003) N2415; The State v Rocky Walesa Peraki (2003) N2463; The State v Romney Naptelai Simonopa (2004) N2551; The State v Allan Nareti (2004) N2582; The State v Janet Morgan (2004) N2704; The State v. I......
  • The State v Aisi Eki, Fabian Longa & Darius Moihe (2005) N3387
    • Papua New Guinea
    • National Court
    • December 22, 2005
    ...Michael Kamipe (1996) N1471; The State v Timothy Tio (2002) N2265; The State v Allan Nareti (2004) N2582; The State v Rocky Walesa Peraki (2003) N2463; The State v Lucas Yovura (2003) N2366; The State v Isidor Kaream (2004) N2610; The State v Henry Mapi (1998) N1936; The State v James Hilux......
2 cases
  • The State v Simon Paul Korai (2009) N3820
    • Papua New Guinea
    • National Court
    • December 18, 2009
    ...Tio (2002) N2265; The State v Louise Paraka (2002) N2317; The State v Richard Dusal Bix (2003) N2415; The State v Rocky Walesa Peraki (2003) N2463; The State v Romney Naptelai Simonopa (2004) N2551; The State v Allan Nareti (2004) N2582; The State v Janet Morgan (2004) N2704; The State v. I......
  • The State v Aisi Eki, Fabian Longa & Darius Moihe (2005) N3387
    • Papua New Guinea
    • National Court
    • December 22, 2005
    ...Michael Kamipe (1996) N1471; The State v Timothy Tio (2002) N2265; The State v Allan Nareti (2004) N2582; The State v Rocky Walesa Peraki (2003) N2463; The State v Lucas Yovura (2003) N2366; The State v Isidor Kaream (2004) N2610; The State v Henry Mapi (1998) N1936; The State v James Hilux......

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