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State v Irai [2003] PGNC 52; N2448 (27 February 2003)

N2448

PAPUA NEW GUINEA

[IN THE NATIONAL COURT OF JUSTICE]

CR 295 of 2003

THE STATE

-V-

BUKA IRAI

Mt. Hagen: Jalina J
2003: 25 and 27 February.

Counsel:
J. Kesan for the State,
P. Kumo for the Prisoner.

27th February, 2003

SENTENCE

JALINA J: This prisoner has pleaded guilty to two separate charges brought by the State. The first charge was for break enter and stealing from Goldstar Trading during the early hours of 23rd October 2002 goods to the value of K7,300.00. This charge carries a penalty of 14 years imprisonment under s.398 of the Criminal Code.

The second charge relates to the unlawful deprivation of liberty of two security guards of Goldstar Trading whose hands and legs were tied with a wire while the group of youths in which the prisoner was a participant was on its way to the shop to break and enter at the time. This offence carries a penalty of 3 years imprisonment under s.355 of the Criminal Code.

Notwithstanding his plea of guilty to stealing K7,300.00 worth of store goods, the items which were given as his share have been taken by police including the K60.00 he obtained from the sale of two inner cigarettes and one dozen batteries. His answers to questions 25 – 28 of the record of interview show that he was a watchman as he was new to criminal activities and had cold feet as it were at the crucial time.

He is aged 19, single and is educated up to Grade 7 level. He left Kompiam High School after Grade 7 as he could not afford school fees. He was living with friends at Kudjip who influenced him to take part in the commission of those crimes.

Whilst I accept that the offences were serious particularly the one involving deprivation of liberty, the prisoner played a minor role. In deciding the sentence I should impose I note his young age and the submissions by Mr. Kumo relying on Maki –v- Kaseng SC 205 that the court should be careful when sentencing youthful offenders that they do not through incarceration in a corrective institution make it possible for hard core criminals to influence youthful offenders into becoming hard core criminals.

I also note that both victim’s who were tried up suffered no injuries at all.

In all the circumstances of this case the sentence I consider appropriate is a period of imprisonment in hard labour of 24 months on each count to be served concurrently. From that sentence I deduct the 4 months he has spent in custody which leaves a sentence of 20 months on each count.

In view of his young age, I suspend the whole of the 20 months on probation on the condition that:

1. He returns to his Paip Village, Kompiam, Enga Province by this week end.
   
2. He does not return to the Western Highlands Province for 20 months.
   
3. He shall not mix with known criminals.

________________________________________________________________________
Lawyer for the State: Public Prosecutor
Lawyer for the Prisoner: Public Solicitor