DC961

PAPUA NEW GUINEA
In the District Court of Justice sitting in its criminal Jurisdiction

Cr No 126, 127 of 2010

BETWEEN:

STATE

V

ELLY LAURA

AND:

ELSIE WILIK
Defendants

LIHIR: BTASIKUL

2010: MARCH 24TH

CRIMINAL LAW: In possession of articles that grossly offend against accepted standards of decency-s.25A (1) (h) –Summary Offences Act.

CASES CITED:

REFERNCE:

Appearing for the Prosecution: S/C Patrick
Appearing for the Defendants: in persons

DECISION ON SENTENCE

1.	BTASIKUL: The defendant Elly Laura 23 years, of Rabagi No 1, Rabaul, and the defendant Elsie Wilik,24,of Nakukur village, both of East New Britain Province were charge separately under s. 25A(1) of the Summary Offence Act.

2.	The charge was that each did have in their possession a Nokia phone black in color articles namely indecent pictures that grossly offend against accepted standards of decency.

3.	Both of you appeared before me on separate information, however, for the purpose of sentencing I will sentence both of jointly.

4.	For the defendant Elly Laura according to the facts you were arrested by the police at the wharf after you were acting suspicious. A search was conducted by the police in whom a mobile phone was found in your possession. They scrolled through your phone and found these indecent pictures. There is a total of nine (9) of these phonographic pictures.

5.	For the defendant Elsie Wilik the facts reviled that you were arrested at the wharf for being in possession of illicit spirit. You were taken to the police station and at the station you tried to conceal your mobile phone.

6.	Police took the phone scrolled through it and found six (6) phonographic pictures.

7.	Both of you have ask this court for leniency as you both are first time offenders. You have shown some remorse as you are sorry for what you have done. 

8.	The penalty for such offence carries a term of two (2) years imprisonment or a fine of K2000.00. However, any sentence would defend on each case, moreover, is required such consideration of the State and community interests, the circumstances in which the offence was committed and off course your own interest.

9.	The States and the community’s interest often run parallel. And their interests in this matter are that, this kind of activity should not be allowed to go unpunished. There is a great danger that pornographic materials can corrupt and deprive a person whose minds are open to such immoral influence.

10.	This is because such articles or materials often unduly emphasis sex and often portray unbalance depraved and immoral views of sex. It is therefore in the State and community’s interest this court has a constitutional obligation to protect the citizen from such oral and depraved materials.

11.	Pornographic has become a disease which is slowing destroying our society, and family. I believe many social problems today are cause by people viewing pornographic materials.

12.	Having taken into account all the factors mention herein I therefore find you guilty and fined each of you K400.00 in default be sentence to twelve months imprisonment.