Unreported National Court Decisions
N1190
PAPUA NEW GUINEA
[NATIONAL COURT OF JUSTICE]
CR 344 OF 1993
THE STATE
v
PETER BARNES AND DOUGLAS UME
Waigani
Kapi DCJ
15 December 1993
CRIMINAL LAW - Criminal Law (Compensation) Act 1991 - No  Injury or Damage - Compensation Order not appropriate.
Held:
As there was no damage or injury, compensation order is not appropriate.
Counsel:
K Umpake for the State
B Tabai for the Accused Persons
15 December 1993
KAPI DCJ:  Peter Barnes is charged that on the 24 day of April 1993 that he stole with violence a motor vehicle, a Suzuki Sedan, silver in colour, Reg No AFH 720.  He pleaded guilty to the charge.
Peter Barnes and Douglas Ume are charged that they on the 24 April 1993 used the said Motor Vehicle without the consent of the owner.  They both pleaded guilty to the charge.
In considering sentence both counsel submitted that compensation order is not appropriate in the circumstances of this case under the Criminal Law (Compensation) Act 1991 (as amended).
In The State v Peter Kose Wena, (Unreported judgement of the National Court, dated 19th November 1993, N1184) I concluded that:
“The primary decision the Court needs to make is ‘whether in the circumstances of this case, compensation order should be ordered’ (s. 2 (2)).”
One of the factors that should be taken into account under s. 3 (1) of the Act is the degree and nature of any personal injury of damage to property suffered by any person as a result of the commission of the offence.  Counsel for the State submitted that no injury or damage to property was caused as a result of the commission of this offence.  The vehicle stolen was recovered with no damage done.
I agree with Counsel that compensation order is not appropriate in the circumstances of this case.  It is therefore not necessary to request the Chief Probation Officer to furnish a means assessment report under the Act.
Lawyer for the State:  Public Prosecutor
Lawyer for the Accused:  Public Solicitor