The State v Graham Chris, Kevin Wani, Norman Wani, Robin Doriga and Bob Gabriel (2003) N2575

• Jurisdiction: Papua New Guinea
• Judge: Kandakasi J
• Judgment Date: 30 October 2003
• Court: National Court
• Citation: (2003) N2575
• Year: 2003
• Judgement Number: N2575

Full Title: The State v Graham Chris, Kevin Wani, Norman Wani, Robin Doriga and Bob Gabriel (2003) N2575

National Court: Kandakasi J

Judgment Delivered: 30 October 2003

1 CRIMINAL LAW—SENTENCING—Armed gang robbery of a PMV on a highway—firearms and other weapons used—Threats and actual violence used—Property stolen not recovered—Estimated value of cash and goods stolen totaling K1,105.00—Some prisoners with no prior conviction and some other offenders—Village Councilor prepared to supervise any community based correction—Sentence of 12 years part suspended sentence less time spent in custody awaiting trial imposed—Criminal Code s386(1) and (2) and s19.

2 Gimble v The State [1988–89] PNGLR 271, The State v Kennedy Arus (2001) N2081, The State v Abel Airi (2000) N2007, Hawai John v The State (Unreported and Unnumbered judgment delivered on 2 April 1998; SCR 9 of 1995), Tau Jim Anis v The State (2000) SC642, Public Prosecutor v Don Hale (1998) SC564, Dadly Henry Gorop v The State (2003) SC732, The State v Vincent Malara (2002) N2188, The State v Edward Toude (No 2) (2001) N2299, Allan Peter Utieng v The State (2000) SCR15 of 2000 (Unreported and unnumbered judgment of the Supreme Court delivered in Wewak on 23 November 2000), The State v Nickson Pari (No 2) (2001) N2033, The State v Fabian Kenny (2002) N2237, The State v Tony Pandau Hahuahori (No 2) (2002) N2186, The State v James Gatana (2001) N2127 referred to

Decision on Sentence

___________________________

PAPUA NEW GUINEA

[IN THE NATIONAL COURT OF JUSTICE]

CR. NO. 1349, 1350, 1351, 1352 and 1353 of 2003

THE STATE

-V-

GRAHAM CHRIS,

KEVIN WANI,

NORMAN WANI,

ROBIN DORIGA, AND

BOB GABRIEL

WEWAK: KANDAKASI, J.

2003: 23rd , 28th and 30th October

DECISION ON SENTENCE

CRIMINAL LAW – SENTENCING – Armed gang robbery of a PMV on a highway – firearms and other weapons used – Threats and actual violence used – Property stolen not recovered – Estimated value of cash and goods stolen totaling K1,105.00 –– Some prisoners with no prior conviction and some other offenders - Village Councilor prepared to supervise any community based correction - Sentence of 12 years part suspended sentence less time spent in custody awaiting trial imposed - Criminal Code section 386(1) and (2) and 19.

Cases cited:

Gimble v. The State [1988-89] PNGLR 27.

The State v. Kennedy Arus (Unreported judgment delivered on 16/03/01) N2081.

The State v. Abel Airi (28/11/00) N2007.

Hawai John v. The State (Unreported judgment delivered on 02/04/98) SCR 09 of 1995.

Tau Jim Anis & Ors v. The State (Unreported judgment delivered 25/05/00) SC642.

Acting Public Prosecutor v. Don Hale (Unreported judgment delivered on (27/08/98) SC564.

Dadly Henry Gorop v. The State. (Unreported and yet to be numbered judgment delivered on 03/10/03) SCRA 35 of 2002.

The State v. Vincent Malara (Unreported judgment delivered on 20/02/02) N2188.

The State v. Edward Toude & Ors, (No. 2) (Unreported judgment delivered on 18/10/01) N2299.

Ala Peter Utieng v. The State (Unreported and unnumbered judgment of the Supreme Court delivered in Wewak on the 23rd of November 2000) SCRA 15 of 2000.

The State v. Nickson Pari (No.2) (Unreported judgment delivered on 10/01/01) N2033.

The State v. Fabian Kenny (Unreported judgment delivered 16/05/02) N2237.

The State v. Tony Pandua Huahahori (N0.2) (Unreported judgment delivered on 21/02/02) N2186.

Counsel

M. Ruari for the State

S. Maliaki for the Accused

30th October 2003

KANDAKASI, J: You pleaded guilty to one charge of armed robbery contrary to s.386 (1) and (2) of the Criminal Code.

In your address before sentence, you said sorry for what you have done and asked the Court to exercise mercy toward you. Your lawyer asked for a sentence starting at 8 years. She referred me to the Supreme Court decision in Gimble v. The State,

[1988-89] PNGLR 27.

1 which sets out sentencing guidelines and set a starting sentence of 5 years for robbery at shops, on streets and highways. Counsel for the State referred the Court to the case of The State v. Kennedy Arus.

(Unreported judgement delivered on 16/03/01) N2081

2 There, I imposed a sentence of 8 years on a guilty plea by a first time offender for armed gang robbery of a PMV on a highway.

The law requires a sentencing judge to carefully, consider the circumstances in which an offence has been committed as well as the effect of that on the victim and the community. The sentence must reflect the particular facts of the case as well as the competing interest of the community to punish offenders and the interest of an offender to be fairly treated and opportunity given to him to reform. I alluded to these competing interests in a number of cases starting with the case of The State v. Abel Airi.

(unreported judgement delivered 28/11/00) N2007.

3

Hence, to determine an appropriate sentence for you in this case, I need to first consider the circumstances surrounding the commission of the offence. I must also consider the prevalence of the offence and the effect of that on the community. Further, I must have regard to the sentencing trends and the effect of that on this kind of offences, particularly as to whether it has deterred people like you from committing this kind of offences. I start that process by considering the relevant facts.

The Facts

The facts in your case are straightforward. On Wednesday 16th April 2003, you all conducted a roadblock at about 4:30am at Kombikum, along the Maprik and Wewak highway. At that time, a PMV loaded with passengers was heading for Wewak from Maprik when you held it up. You armed yourselves with two homemade shotguns and bush knives. According to evidence on file, this was an execution of a planned robbery. When this vehicle arrived at the scene, three of you jumped in front of the vehicle from your respective places of hiding and ordered it to stop using the guns and the bush knives you had with you.

Once the vehicle came to a stop, you ordered the driver and his passengers to get out of the vehicle and lay face down. The driver was quiet slow in following your orders so one of you hit him on his head with the butt of one of the guns. Additionally, you cut a part of the body of the motor vehicle. This ensured compliance of your orders. You then proceeded to steal from the driver, his crew and the passengers. You stole cash totaling K1,105 and other properties of the driver, his crew and others including a string bag with two kilograms of vanilla. After having committed the robbery and before leaving the scene with the stolen property, you again hit the driver on the head and ordered the driver to turn the vehicle back toward the Maprik way, and after ensuring compliance, you fled from the scene.

The victims eventually reported the robbery to the police....