DC520

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE
SITTING IN ITS CRIMINAL JURISDICTION]

DCCr 533-535 OF 2007

BETWEEN

STATE

AND

BEN WILLIE
Defendant

Goroka: F Manue
2007: May 22; June 07

CRIMINAL- Unlawfully on premises – Possession of offensive weapon – Threatening behaviour – First offender and no prior record of criminal conviction – Behaviour was pre-mediated – Possession of offensive weapon, prevalent offence – such behaviour must be discouraged.

Cases Cited
Nil

References
Summary Offences Act, ss. 20, 12 (1) & 7 (b) 
Section 65 A of the Firearms Act
Section 52 of the Constitution
Section 42 of the Constitution

Counsel
For the Prosecution – First Constable P. Asi of Goroka Police Station
For the Defendant – In Person

07 June 2007

REASONS FOR SENTENCE

F Manue: The defendant pleaded guilty on counts of being unlawfully on premise, threatening behaviour and possession of offensive weapon contrary to Ss. 20, 12(1) and 7(b) under the Summary Offences Act respectively.

2. The offences were committed at 10:00pm at the university of Goroka on the 19th May 2007, when the students were watching television in their dormitory. He had entered through the main door with the bush knife and attempted to use the bush knife on the students. By that, I mean he was swinging the offensive weapon to cut several students.

3. The security guards were alerted and the defendant was caught by the guards with the help of the students. The summary of facts show that the defendant was unlawfully in the dormitory. He was there without being invited, nor was he there for a lawful purpose. When he entered he had with him a bush knife and that he had attempted to cut students with it in that he conducted himself using the bush knife in a threatening behaviour.

4. Obviously his conduct scared the students who fled from where he was.

5. I have taken into consideration that he is a youthful single person who is a first offender.

6. In his statement prior to sentence, he said he acted in that manner as he had been ridiculed and laughed at by the students. No particular students were named. Even then, he had liberty to lodge a complaint with the appropriate authorities. 

7. The circumstances under which the offender committed the offences was such that, he had pre-mediated what to do. Having pre conceived his plans, he armed himself with a bush knife at night and proceeded to the boys dormitory, where he attacked the students.

8. The manner and circumstances in which he committed the offences are very dangerous to an educational set up or institution. Such behaviour must be discouraged in order to allow students to enjoy their right of education. Such behaviour is not acceptable especially when the offender targeted the students in their residential area and while they were in a social gathering.

9. Further to that, possession of offensive weapon without reasonable excuse is also prevalent where such is the case. The sentence must reflect not only to deter the offender but others as well.

10. I have pointed out time and again in extempore and written judgments that such behaviour restricts the freedom of movement, which is a guaranteed constitutional right under Section 52 of the Constitution.

11. The only reason which enabled the defendant to be in the dormitory was to attack the student which is an unlawful excuse.

12. Again the privacy rights of the students was invaded. Such rights are guaranteed under Section 49 of the Constitution.

13. In my view, where the constitution is being attacked by such behaviour as demonstrated by the offender, the penalty must reflect that such behaviour is unacceptable, and that the constitution must stand to win and be respected.

14. Given these reasons I consider them to be aggravating and must be given weight over mitigating factors raised by the offender.

15. Section 20. Offence carries a penalty of a fine not exceeding K400.00 or a term of imprisonment not exceeding two years.

16. Possession of offensive weapons under Section 12 (1) carries a penalty of a fine not exceeding K2, 000.00 or term of imprisonment not exceeding five (5) years.

17. Threatening behaviour under Section 7 (b) attracts a fine not exceeding K300.00 or imprisonment for a term not exceeding one year.

18. I propose to impose heavy court fines on the offender.

For the Prosecution – First Constable P. Asi, Goroka Police Station
For the Defendant – In Person