The State v Paul Maima Yogol and Dama Teiye (2004) N2583
| Jurisdiction | Papua New Guinea |
| Judge | Kandakasi J |
| Judgment Date | 21 May 2004 |
| Court | National Court |
| Citation | (2004) N2583 |
| Year | 2004 |
| Judgement Number | N2583 |
Full Title: The State v Paul Maima Yogol and Dama Teiye (2004) N2583
National Court: Kandakasi J
Judgment Delivered: 21 May 2004
1 CRIMINAL LAW—SENTENCING—Armed gang robbery of vehicle on a road—Use of firearms and other weapons, and threats and actual violence—Property stolen partly recovered—Estimate value of cash and goods stolen totaling K1,300.00—First time offender—Guilty plea—Sentence of 12 years, less time spent in custody awaiting trial imposed—Criminal Code s386(1) and s386(2) and s19.
2 Gimble v The State [1988–89] PNGLR 271, 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, Norbert Maing v The State (Unreported judgment delivered on 2 October 2003) SCRA 29 of 2002, The State v Nelson Ngasele (2003) SC731, 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 James Gatana (2001) N2127, The State v Nickson Pari (No 2) (2001) N2033, The State v Tony Pandau Hahuahori (No 2) (2002) N2186, The State v Fabian Kenny (2002) N2237, The State v Terence Ago (2004) (Unreported and Unnumbered judgment delivered 20 May 2004) CR 1649 of 2003) referred to
Decision on Sentence
___________________________
PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]
CR. NO. 1676 AND 1791 of 2003
THE STATE
-V-
PAUL MAIMA YOGOL
AND
DAMA TEIYE
GOROKA: KANDAKASI, J.
2004: 11th and 21st May
DECISION ON SENTENCE
Gimble v. The State [1988-89] PNGLR 27.
Hawai John v. The State (Unreported judgement 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 judgement delivered on (27/08/98) SC564.
Dadly Henry Gorop v. The State. (Unreported judgment delivered on 03/10/03) SC732.
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.
Norbert Maing v. The State (Unreported judgment delivered on 02/10/03) SCRA 29 of 2002.
Nelson Ngasale v. The State (Unreported judgment delivered on 02/10/03) SC731.
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. James Gatana & 3 Ors (Unreported judgment delivered on 19/04/01) N2127.
The State v. Nickson Pari (No.2) (10/01/01) N2033.
The State v. Tony Pandua Huahahori (N0.2) (Unreported judgment delivered on 21/02/02) N2186.
The State v. Fabian Kenny (Unreported judgement delivered 16/05/02) N2237.
The State v. Terence Ago (Unreported judgment delivered yesterday) CR 1649 of 2003.
Counsel
N.Miviri for the State
M.Apie’e for the Accused
20th May, 2004
KANDAKASI, J: You both pleaded guilty to one charge of armed robbery contrary to s.386 (1) and (2) of the Criminal Code.
In both of your respective addresses before sentence, Paul Maima Yogol, you said sorry for what you have done. You then asked the Court to exercise mercy toward you because you were not the one leading the robbery. Additionally, you said you returned the items you stole to the victims the next day. For you, Dama Teiye, you also said sorry for what you did. You then said you were a villager who came to see the Goroka Show when you got involved in this trouble. Additionally, you said you also returned the items you stole.
In view of what you told the Court, your lawyer asked for a sentence starting at 8 to 14 years, given the sentencing trends in this kind of offences. 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.
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 are that on Sunday the 24th of August 2003, you with 10 other young men executed a planed robbery by conducting an illegal armed roadblock at about 11:00pm at Five Mile Goroka, along the Vanima dead road leading to the main Okuk Highway. At that time, a vehicle loaded with passengers was heading for Goroka town from Vanima village when you held it up. You armed yourselves with three homemade shotguns and bush knives. When this vehicle arrived at the scene, the members of your gang dropped a log across the road and blocked the vehicle’s way. This made the driver to stop the vehicle. When he did, you all jumped in front of the vehicle from your respective places of hiding, pointing the guns and the bush knives you had with you, at the driver and his passengers.
You ordered the driver and his passengers to get out of the vehicle and lay face down whilst you checked all their string bags and pockets and stole whatever you could put your hands on. Two of your accomplishes lifted the driver up and threw him at the back of the vehicle and got his wallet containing K100.00 cash with two save cards. You also removed and stole from him, his pair of shoes. The total of what you stole was about K372.00 in cash and other personal properties of the driver, his crew and others. The total estimated value of the properties and cash...
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