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State v Seke [1998] PGNC 72; N1826 (24 July 1998)

Unreported National Court Decisions

N1826

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

CR NO. 620 OF 1998
THE STATE
-V-
OKUK SEKE

Goroka

Sawong J
24 July 1998

Counsel

C. Ashton-Lewis, for the State

M. Apie’e, for the Accused

24 July 1998

SAWONG J: You hleaded guilty to one one count of escaping from lawful custody, at the Bundaira jail on 8 January 1995. At the time of your esyou you were a prisoner serving a term of 4 years imprisonfor armed robbery. At0; At that timeand 5 oth5 others were escorted by Warder to the area where the livestock were, and you wert out at the place where thre the sheep were to look after these animals. While you were there you escaped, and you were at large until you were recaptured.

There is not much information regarding your own personal background put before me and so I do nke much comment on that. Howevenote in your&#160&#160 favour t160; you pleaded gded guilty before me and you also expressed remorseness for what you did.

When I gave you an oppityuno talk talk to me, you told me that you had been wrongnt to jail initially becausecause you claim you were innocent. In that re I say that you you could have lodged an appeal to Su Cour you felt that that the dece decision and sentence were wrong.

Sly your escr escape wape was that the Corrective Instidid not supply you with proh proper uniform and that the only civilian clothing you had were worn out and torn.

Third reason, is rd to the second rond reasoneason, was that as you had no brother and sister, no one could provide any help to you when your father died, he being the only one able to help you and when he died there was no-one to help you.

You also told me about what you did after you escape, that of going to the police and go further. I also take note of ther mher matters you told me.

As a judge, I must also take account tunt those matters which are against you so as to arrive at a balanced and approprsentence.

The first factor is that you have a prior rior conviction - that of armed robbery. ere serving the sentence fnce for that offence when you escaped.

Secondly, I note that since you escaped you had been at large until you were recaptured.; However, I note what you said, that you had surrendered tred to police at Henganofi, but they did not do anything about it. De that and your good inte intention, the fact remains that you escaped from lawful custody.

The first thing to note is thnder s. 139 (1) of the Code, is “a term of imprisonment of not less than five years&#ars”. This is a minimum sentenfe offence, that is that the minimum starting point is five years imprisonment, nothing less. Hr there is a Supreme Ccas Ccase, the name of which escapes my memory, at the moment which in effect says that in an apan appropriate case, this court may suspent or whole of the sentence.

The next issue is whethwhether your sentence should be made cumulative or concurrent to theence ynce you are serving. The nal Court has a discreiscretion as to whether a sentence should be concurrent or cumulative0; However, that discretion must be exercised in accordance with well known principles.&#16. Generaleaking these princirinciples are that where two or more offences are committed in the course of a single transaction, all sentences in respect of the offences s be made concurrent.

Secondly, where the offences ares are so differently in character or in relation to different victims, cumulative sentences would be appropriate.

Finally, the totality principles. What thins is that when then the sentencer has arrived at the appropriate sentences and decided whether they should be concurrent or cumulative he must then look at thel sentence and see if it is just and appropriate. If ; If it is he must vary vary one or more of the sentences to get a just sentence.

Applying these principles to this case, several factors are obvious. The first it you have not not been ch with and convicted of seco second offences. You have been charged anviconvicted with only one offence, that of escaping from l custody.

Secondly, the offence for which you have bave been convicted of today is different. It is not connected to anyer with the offence for whir which you are serving sentence.

In these circumstances, I do not accept your submission. I der the sentence I have have imposed must be made cumulative.

Accordingly, you are care convicted and sentenced to 5 years IHL0; Do not consider any of it to be suspended. This sentence is made cume cumulative tive upon the sentence of 4 years you are currently serving for armed robbery.

Lawyers for the Staublic Prosecutors

Lawyers for the Accused: Publlicitors

* Adv; Advise if noty, appeaappeal to Supreme Court within 40 days from today.