The State v Mary Tengdui

• Jurisdiction: Papua New Guinea
• Judge: David, J
• Judgment Date: 01 December 2014
• Citation: (2014) N5827
• Court: National Court
• Year: 2014
• Judgement Number: N5827

Full : CR (FC) No.50 of 2014; CR (FC) No.51 of 2014; CR (FC) No.52 of 2014; CR (FC) No.53 of 2014; CR (FC) No.54 of 2014; CR (FC) No.55 of 2014; CR (FC) No.56 of 2014; CR (FC) No.57 of 2014; CR (FC) No.58 of 2014; CR (FC) No.59 of 2014; CR (FC) No.60 of 2014; CR (FC) No.61 of 2014; CR (FC) No.62 of 2014; CR (FC) No.63 of 2014; CR (FC) No.64 of 2014; The State v Mary Tengdui, Prisoner (2014) N5827

National Court: David, J

Judgment Delivered: 1 December 2014

N5827

PAPUA NEW GUINEA

[IN THE NATIONAL COURT OF JUSTICE]

CR (FC) No.50 of 2014

CR (FC) No.51 of 2014

CR (FC) No.52 of 2014

CR (FC) No.53 of 2014

CR (FC) No.54 of 2014

CR (FC) No.55 of 2014

CR (FC) No.56 of 2014

CR (FC) No.57 of 2014

CR (FC) No.58 of 2014

CR (FC) No.59 of 2014

CR (FC) No.60 of 2014

CR (FC) No.61 of 2014

CR (FC) No.62 of 2014

CR (FC) No.63 of 2014

CR (FC) No.64 of 2014

BETWEEN:

THE STATE

AND:

MARY TENGDUI

Prisoner

Mt. Hagen: David, J

2014: 11 & 21 November & 1 December

CRIMINAL LAW – sentence – obtaining goods by false pretences or wilfully false promise – fifteen counts – pleas of guilty – Criminal Code, Section 404(1)(a).

The prisoner pleaded guilty to fifteen counts of obtaining a total of K46,650.00 from fifteen victims by false pretence. The victims were all simple villagers and relatives. The prisoner, a well educated person who was self-employed as a freelancer obtained K3,110.00 from each of the victims and undertook to assist them in making travel arrangements including the purchase of their airline tickets, passports, visas, medicals and identification documents for them to travel to Australia and work as seasonal workers and make big money. Due to a change in National Government policy as to recruitment requirements, she was unable to fulfil her undertaking. Of the total of K46,650.00 the prisoner obtained from the victims, she repaid K25,300.00 which was distributed amongst the fifteen victims, but failed to settle the balance of K21,350.00 and was apprehended and charged as a consequence.

Held:

(1) A sentence of three years imprisonment in hard labour was imposed for each count to be served concurrently.

(2) The remand period was deducted and the whole of the remaining term suspended on terms.

Cases cited:

Public Prosecutor v Tom Ake [1978] PNGLR 469

Goli Golu v The State (1979) PNGLR 653

Public Prosecutor v Thomas Vola (1981) PNGLR 41

Avia Aihi (No.3) v The State (1982) PNGLR 92

Ure Hane v The State (1984) PNGLR 105

Public Prosecutor v William Bruce Tardrew (1986) PNGLR 91

The State v Frank Kagai (1987) PNGLR 320

John Elipa Kalabus v the State (1988) PNGLR 193

Wellington Belawa v The State (1988-89) PNGLR 496

Lawrence Simbe v The State (1994) PNGLR 38

The State v Paul Takesi (1997) PNGLR 507

The State v John Kil (2000) PNGLR 253

Doreen Liprin v The State (2001) SC 673

The State v Sam Pipi (2004) PGNC 197, N2574

The State v Jack Ostekal Metz (2005) N2824

The State v Morris Yepin (2005) N3503

Saperus Yalibakut v The State (2006) SC890

The State v Dominic Kurai (2008) N3435

The State v Gaibole Dickson Larry (2011) N4455

The State v Joseph Sape (2013) PGNC36, N5096

The State v Angela Tokonai (2012) N4679

The State v John Bolkun (2012) N4689

The State v Ivan Bob (2013) N5382

The State v Larry Dickson, CR No.866 of 2013, Unreported & Unnumbered Judgment of David, J delivered in Mt. Hagen on 12th of August 2014

The State v Dorcas Boski (2014) N5814, PGNC161

Counsel:

Mercy Tamate and Joe Kesan, for the State

Edward Sasingin, for the Prisoner

SENTENCE

1st December, 2014

1. DAVID, J: The prisoner, Mary Tengdui was indicted with fifteen counts of obtaining money totalling K46,650.00 by false pretence pursuant to Section 404(1)(a) of the Criminal Code. Upon arraignment, she pleaded guilty to all fifteen counts and was convicted accordingly.

2. I set out all the fifteen counts below.

“Count One:

MARY TENGDUI of KALA VILLAGE, HAGEN CENTRAL, WESTERN HIGHLANDS PROVINCE stands charged that she on dates unknown between the 1st day of March 2012 and the 30th day of June 2012 at Maip village, Western Highlands Province in Papua New Guinea falsely pretended to TEP KINTIP by promising to purchase and arrange official travel documents for TEP KINTIP to travel and work in Australia and obtained from him THREE THOUSAND ONE HUNDRED AND TEN KINA (K3,110.00) in cash with intent to defraud.

Count Two:

MARY TENGDUI of KALA VILLAGE, HAGEN CENTRAL, WESTERN HIGHLANDS PROVINCE stands charged that she on dates unknown between the 1st day of March 2012 and the 30th day of June 2012 at Maip village, Western Highlands Province in Papua New Guinea falsely pretended to LUCY ARIS by promising to purchase and arrange official travel documents for LUCY ARIS to travel and work in Australia and obtained from her THREE THOUSAND ONE HUNDRED AND TEN KINA (K3,110.00) in cash with intent to defraud.

Count Three:

MARY TENGDUI of KALA VILLAGE, HAGEN CENTRAL, WESTERN HIGHLANDS PROVINCE stands charged that she on dates unknown between the 1st day of March 2012 and the 30th day of June 2012 at Maip village, Western Highlands Province in Papua New Guinea falsely pretended to CATHY MICHAEL by promising to purchase and arrange official travel documents for CATHY MICHAEL to travel and work in Australia and obtained from her THREE THOUSAND ONE HUNDRED AND TEN KINA (K3,110.00) in cash with intent to defraud.

Count Four:

MARY TENGDUI of KALA VILLAGE, HAGEN CENTRAL, WESTERN HIGHLANDS PROVINCE stands charged that she on dates unknown between the 1st day of March 2012 and the 30th day of June 2012 at Maip village, Western Highlands Province in Papua New Guinea falsely pretended to NOKI PETER by promising to purchase and arrange official travel documents for NOKI PETER to travel and work in Australia and obtained from her THREE THOUSAND ONE HUNDRED AND TEN KINA (K3,110.00) in cash with intent to defraud.

Count Five:

MARY TENGDUI of KALA VILLAGE, HAGEN CENTRAL, WESTERN HIGHLANDS PROVINCE stands charged that she on dates unknown between the 1st day of March 2012 and the 30th day of June 2012 at Maip village, Western Highlands Province in Papua New Guinea falsely pretended to ANGELA NICKSON by promising to purchase and arrange official travel documents for ANGELA NICKSON to travel and work in Australia and obtained from her THREE THOUSAND ONE HUNDRED AND TEN KINA (K3,110.00) in cash with intent to defraud.

Count Six:

MARY TENGDUI of KALA VILLAGE, HAGEN CENTRAL, WESTERN HIGHLANDS PROVINCE stands charged that she on dates unknown between the 1st day of March 2012 and the 30th day of June 2012 at Maip village, Western Highlands Province in Papua New Guinea falsely pretended to SENT ONDA by promising to purchase and arrange official travel documents for SENT ONDA to travel and work in Australia and obtained from her THREE THOUSAND ONE HUNDRED AND TEN KINA (K3,110.00) in cash with intent to defraud.

Count Seven:

MARY TENGDUI of KALA VILLAGE, HAGEN CENTRAL, WESTERN HIGHLANDS PROVINCE stands charged that she on dates unknown between the 1st day of March 2012 and the 30th day of June 2012 at Maip village, Western Highlands Province in Papua New Guinea falsely pretended to EKI MOKA by promising to purchase and arrange official travel documents for EKI MOKA to travel and work in Australia and obtained from her THREE THOUSAND ONE HUNDRED AND TEN KINA (K3,110.00) in cash with intent to defraud.

Count Eight:

MARY TENGDUI of KALA VILLAGE, HAGEN CENTRAL, WESTERN HIGHLANDS PROVINCE stands charged that she on dates unknown between the 1st day of March 2012 and the 30th day of June 2012 at Maip village, Western Highlands Province in Papua New Guinea falsely pretended to MARIA BIANG by promising to purchase and arrange official travel documents for MARIA BIANG to travel and work in Australia and obtained from her THREE THOUSAND ONE HUNDRED AND TEN KINA (K3,110.00) in cash with intent to defraud.

Count Nine:

MARY TENGDUI of KALA VILLAGE, HAGEN CENTRAL, WESTERN HIGHLANDS PROVINCE stands charged that she on dates unknown between the 1st day of March 2012 and the 30th day of June 2012 at Maip village, Western Highlands Province in Papua New Guinea falsely pretended to CATHY JAMES by promising to purchase and arrange official travel documents for CATHY JAMES to travel and work in Australia and obtained from her THREE THOUSAND ONE HUNDRED AND TEN KINA (K3,110.00) in cash with intent to defraud.

Count Ten:

MARY TENGDUI of KALA VILLAGE, HAGEN CENTRAL, WESTERN HIGHLANDS PROVINCE stands charged that she on dates unknown between the 1st day of March 2012 and the 30th day of June 2012 at Maip village, Western Highlands Province in Papua New Guinea falsely pretended to NORMA KAR by promising to purchase and arrange official travel documents for NORMA KAR to travel and work in Australia and obtained from her THREE THOUSAND ONE HUNDRED AND TEN KINA (K3,110.00) in cash with intent to defraud.

Count Eleven:

...