DC965

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

Cr No 124,125,128 & 130 of 2010

BETWEEN

POLICE

V

WILLIAM PATAN
PON KOS
MAX APA
DANIEL APOLOS TOLKA
Defendants

LIHIR: BTASIKUL
2010: MARCH 24TH

CRIMINAL LAW: Consuming liquor in a public place. S.3 Summary Offences Act- Appropriate sentence to be consider- Most common Offence committed in the area- No respect to the laws.

CASES CITED: 

REFERENCE:

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

DECISION ON SENTENCE

1.	BTASIKUL: Each and severally of you have pleaded guilty to the charges of consuming liquor in a public place. According to the fact each and severally of you were found to be consuming liquor within the township of Londolovit.

2.	The most common place is within the market area, the public toilet and in front of Eico Trading. These areas are right in the heart of the small township of Lihir.

3.	Each of you have admitted to the offence and have asked this court for leniency. While, I consider your plea and as first time offenders, let me make a few remarks.

4.	I was posted to Lihir District Court last year in 2009. For the whole of last year Lihir District Court recorded a total of 424 Summary Offences cases. Out of all these cases, half of them were drinking liquor in public places.

5.	The authorities, such as the police have tried educating people about this type of behaviors, but people seem not to listen. They seem to have no respect to the Laws about drinking alcohols in public places.

6.	When will the people listen and start respecting the Laws. The Court has been imposing higher penalties but still people continue on committing these same offences.

7.	Just from the beginning of this year 2010 there have already been a significant number of people appeared before this court for the same offence and still there seems to be no changes. What are the problems?

8.	I believe the reason for that is basically, the Laws for such offences are very soft, that is why people can do what like. They don’t care, as long as they have the money they will continue with such behavior.

9.	I think Government must be blame for this. These Laws are out of date. I think Parliament should re-visit these Laws, especially, the Liquor (Miscellaneous Provisions) Act, and Part II of the Summary Offences Act, 

10.	These two pieces of legislation are out off dated. The penalties imposed by these two legislation are too lenient, that is why people cannot respect the law. What is a K20.00 fine? Is this the type of penalties the Government wants, to tackle the law and order problems in this country?

11.	I am now calling on Parliament to seriously consider re-visiting these Laws and consider changing them to meet the changing circumstance of this great nation.

12.	Having said that Let me give notice to those people out there that if you don’t change your behaviors and continued to drink in public places, especially inside this small town of Lihir don’t expect to be fine. I think enough is enough, and if you are thinking of your job and family, then start behaving as a worker and a family men.

13.	Lihir is mining town which comprised of people all over the world; there are a lot of international community’s living here. What will these people think about this country? Are we portraying this township as a cowboy town where you buy beer at a shop and open it like a can of soft and drink it any where? Well I think people must start changing their drinking behaviors and have some respect to the Laws of the country.

14.	I therefore find each and severally of you guilty and sentence each of you to one month imprisonment. For defendant Max Apa and Daniel Apolos Tolka your sentence would be serve cumulatively. That means each of you will serve two months each. All your bail is funded.