The State v John Kil
| Jurisdiction | Papua New Guinea |
| Citation | [2000] PNGLR 253 |
| Date | 15 June 2000 |
| Court | National Court |
| Year | 2000 |
National Court: Kirriwom J
Judgment Delivered: 15 June 2000
1 Criminal Law—Sentence—Obtaining goods by false pretence or wilfully false promise—Restitution—Restitution and compensation—Appropriateness of custodial and non–custodial sentence discussed—Suspended sentence on conditions—Criminal Code, s404, s19
2 Criminal law—compensation—1 fully matured live pig and some garden food to the complainant for anxiety and frustration caused
3 No cases referred to
4 Criminal Code, s19, s404
The prisoner deceived a friend and borrowed some money from another person known to his friend. He took the money and disappeared for some years without repaying as he promised. When arrested he was willing to repay but the police were not taking any more chances with him and wanted him punished although the complainant simply wanted his money back. In sentencing him on his own plea of guilty, the Court held:
(i) In false pretence cases of monies borrowed and not repaid, restitution must be the primary objective of the sentencing authority.
(ii) Every avenue must be exhausted for a non–custodial punishment option; imprisonment must be the very last resort.
(iii) A suspended sentence conditional upon a compensation order in addition to restitution provided it is affordable and justifiable is appropriate.
___________________________
Kirriwom J: The prisoner pleaded guilty to obtaining money by falsely pretending to one Billy Kure that he would repay him as soon as he received a lump sum pay–out owing to him by his former employer as his termination entitlements with the...
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The State v Wilkinson Tanef
...days later victim presented the cheque but it was dishonoured and the accused failed to make good the debt. 25. In The State v. John Kil [2000] PNGLR 253, the prisoner, a former Policeman, obtained K1, 470.00 from the victim by false pretence. The prisoner had told a former colleague that h......
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The State v David Sila Kayak
...sentences within that range as they are not the worst kind of cases. 14. Counsel further referred the Court to The State v. John Kil [2000)] PNGLR 253 and The State v. John Takesi [1997] PNGLR 507, cases which also involved false pretences. Your counsel submitted that the facts of your case......
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The State v Jack Ostekal Metz (2005) N2824
...months—Guilty plea—Sentence of three and a half years appropriate2 The State v Paulus Takesi [1997] PNGLR 507, The State v John Kil [2000] PNGLR 253, Wellington Belawa v The State [1988–89] PNGLR 496 ___________________________ Manuhu AJ: The Prisoner, Jack Ostekal Metz, pleaded guilty to o......
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The State v Lapun Mesa Pati
...52 of 2005, 27/04/2006 The Acting Public Prosecutor v Don Hale (27/08/98) (SC564) The Independent State of Papua New Guinea v John Kil [2000] PNGLR 253 The Independent State of Papua New Guinea v Louise Paraka (2002) N2317 The Independent State of Papua New Guinea v Jack Ostekol Metz (2005)......
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The State v Wilkinson Tanef
...days later victim presented the cheque but it was dishonoured and the accused failed to make good the debt. 25. In The State v. John Kil [2000] PNGLR 253, the prisoner, a former Policeman, obtained K1, 470.00 from the victim by false pretence. The prisoner had told a former colleague that h......
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The State v David Sila Kayak
...sentences within that range as they are not the worst kind of cases. 14. Counsel further referred the Court to The State v. John Kil [2000)] PNGLR 253 and The State v. John Takesi [1997] PNGLR 507, cases which also involved false pretences. Your counsel submitted that the facts of your case......
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The State v Jack Ostekal Metz (2005) N2824
...months—Guilty plea—Sentence of three and a half years appropriate2 The State v Paulus Takesi [1997] PNGLR 507, The State v John Kil [2000] PNGLR 253, Wellington Belawa v The State [1988–89] PNGLR 496 ___________________________ Manuhu AJ: The Prisoner, Jack Ostekal Metz, pleaded guilty to o......
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The State v Lapun Mesa Pati
...52 of 2005, 27/04/2006 The Acting Public Prosecutor v Don Hale (27/08/98) (SC564) The Independent State of Papua New Guinea v John Kil [2000] PNGLR 253 The Independent State of Papua New Guinea v Louise Paraka (2002) N2317 The Independent State of Papua New Guinea v Jack Ostekol Metz (2005)......