DC725

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

GFCr 04 of 2008

BETWEEN

REX DALA
Informant

AND

JOHNSON AMOI
Defendant

Goroka: M Gauli, PM
2008: March 10

CRIMINAL - Criminal offence – Break, enter and stealing – Plea of guilty – Sentence – Mitigating factors – Break and entered the office and stole from the person whom he was living with.

Cases Cited:
1. The State –v- Manga Kinjip [1976] PNGLR 86

References:
1. Section 398 (a) (i) of the Criminal Code Act, Chapter 262

Counsel:
For the Prosecution – Senior Sergeant Mark Yamuje, Goroka Police Station
For the Defendant – In Person

10 March 2008

SENTENCING

M Gauli, PM: You have pleaded guilty to a charge of breaking, entering and stealing pursuant to Section 398 (a) (i) of the Criminal Code Act, Chapter 262, which states and I quote: 

“A person who breaks and enters a school, house, shop, warehouse, counting-house, office, store, vehicle, garage, hanger, pavilion, factory, workshop, tent, caravan, petrol station, ship, aircraft, vessel or club is guilty of a crime. Penalty: Imprisonment for a term not exceeding 14 years.”

2. The facts to which you have pleaded guilty are as follows. That on Saturday the 12 of January 2008 at about 11:30 am at Five Mile Service Station at Kefamo in Goroka, you broke into the office of Mr. Gipsy Paito by breaking through the window. You entered through the window and you stole cash money in the sum of K3, 900.00, a TV Black box, a TV remote controller and a pair of shoes, belonging to Mr. G. Paito. And you escaped to Kainantu. At the time of the crime you were living with Mr. Gipsy Paito for more than six months doing odd jobs for him.

3. In your sworn statement of defence you admitted committing the offence. You said you are sorry for what you did and you promised that you will never do this again.

4. I have considered your plea of guilty. You have made your plea in plain, unambiguous and unmistakable terms and I accept your plea of guilty to the charge. His Honour O’Leary AJ said in the case of The State –v- Manga Kinjip [1976] PNGLR 86 at 87 and I quote: “It is well established that a judge should only accept a plea of guilty to a charge if it is made in plain, unambiguous and unmistakable term.” Having heard you in your statement of defence, I am satisfied it is safe to accept your plea of guilty. And I find you guilty as charged. 

5. The penalty for break, enter and stealing carries a term of imprisonment not exceeding 14 years. Under Section 420 of the Criminal Code Act this Court can only impose a term of imprisonment up to ten years for indictable offences tried summarily by a Magistrate Grade Five. The Section 19 (1) (e) of the Criminal Code Act and Section 132 of the District Courts Act also gives this Court the powers to impose non-custodial sentence by discharging the offender on his entering into his own recognizance with or without sureties to keep the peace and be of a good behaviour. This Court also has the powers to impose community work instead of imprisonment under Section 199A of the District Courts Act. And this Court could even make orders on probation under Section 16 of the Probation Act. I have considered these sentencing options.

6. I have also considered your mitigating factors. You are a single village young man aged 26. You are a first offender before the District Court. However you have appeared before the Karavefa Village Court for stealing a pig. You were found guilty and ordered to repay or replace the pig, which you did. You said you committed this offence because you were maintaining the coffee garden and the shop for the victim Mr. Gipsy Paito but he was not paying you well for the work you were doing for him. You were also living with him. I consider that you not being paid well for the work you were providing to him is not a good reason for you to break into his office and steal from him. I consider that for anyone to break into the office, store or house etc of a person who takes custody of the other is a very serious matter. It is like you stealing from your own parents.

7. I also considered that only the TV and the remote controller were recovered but you have used the K3, 900.00 cash money and a pair of shoe. Considering that you broke into the office and stole from the one who was taking care of you and that you have spent all the money you stole, I consider a custodial sentence more than a non-custodial sentence. Accordingly, I convict you and sentence you to eighteen (18) months imprisonment in hard labour. You have been in custody for two (2) months ten days since you were arrested by police. Your time in custody is deducted. You are to serve out the balance of 15 months 20 days in jail.

For the Prosecution – Senior Sergeant Mark Yamuje, Goroka Police Station
For the Defendant – In Person