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Bolkings v Bare [1992] PGNC 19; N1099 (24 June 1992)

Unreported National Court Decisions

N1099

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

MP 128 OF 1992
THOMAS J. BOLKINGS
V
MATHAS AMBANE BARE

Goroka

Newell AJ
17 June 1992
24 June 1992

CRIMINAL LAW AND PROCEDURE - Probation - Breach of Probation Order.

The Probationer breached the terms of his probation in not repaying the sum of money that was ordered to be paid, and in other ways did not co-operate with the Probation Officers. The Probation Officers applied to have the Probationer dealt with for breach of the Order. The adoptive father has indicated that he would wish to take charge of the Probationer.

Held

Probation varied to extend the period of probation to 3 years in the care and control of the adoptive father.

Counsel

F Kuvi for the Probation Officer

K Kot for the Probationer

Cur ad vult

24 June 1992

NEWELL AJ:

FACTS

Andrew J on 14 August 1991 ordered that Mathas Bare Ambane be placed on a good behaviour bond for 8 months and repay the sum of K210.00 on a charge of Stealing. Mr Ambane was placed under the care of the Probation Service to supervise the performane of the bond, and to repay the money.

The Probationer has not co-operated with the Probation Officer, including not repaying the amount owed. It appears that the terms of the original decision by Andrew J were imposed without the benefit or a pre-sentence report, and I now requested have a pre-sentence report for determination of what action to be taken on the breach. The pre-sentence report indicates that he had been without both his parents from a very young age, however his adoptive father is willing to take care of him if he is put on a longer period than the 8 months originally order in the form of a proper probation order. It also appears that the orginal offence was as a result of shortage of cash, and the imposition of an order to repay just did not work. Unfortunately no application was made by the Probationer (or on his behalf) to vary the order.

DECISION

Under section 20 of the Probation Act, I can impose a penalty of K200.00 or a sentence of 4 months imprisonment, and either of the other additional penalties specified in subsection (2) of that section.

I impose a setence of 4 months less the period spent in custody, and suspend the balance on probation; in addition I put him on probation for a further 2 years in the care of his adoptive father.

In addition under section 600 of the Criminal Code, in addition to the above period of probation, for a period of one year after the period of probation ends, he shall not leave the village of his adoptive father, except in the company of his adoptive father. The Probation Officer shall ensure that this is observed.

Any breaches should be immediately reported to the Assistant Registrar - Goroka on Fax 722360, who should bring these to the attention of the Judge as soon as possible.

Lawyer for the Applicant: Public Prosecutor

Lawyer for the Respondent: Public Solicitor