N3615

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR No 949 OF 2007

THE STATE

V

ANDY KOKO

Waigani: Paliau, AJ
2008: 09th December
2009: 08th & 15th April

CRIMINAL LAW – Sentence – Armed Robbery – Charge of Guilty Plea – Criminal Code s. 386 (1)(2)(a)(b).

Cases cited:
Gimble v. The State [1988-89] PNGLR 271
Public Prosecutor v. Don Hale (1998) SC564
Tau Jim Anis v. The State (2000) SC642
The State v. Smith James Ondari (1990) N867

Counsel:
Mr. D. Kuvi, for the State 
Mr. G. Gore, for the Prisoner

DECISION ON SENTENCE

15th April, 2009

1.	PALIAU, AJ: You are indicted for the offence of Armed Robbery pursuant Section 386(1)(2)(a) and (b) of the Criminal Code. 

2.	The State alleges that on 1st April 2007, you in company with another stole from Jenny Numa the sum of K 100.00 and 2 mobile phones. At the time of the offence, you were armed with a pocket knife. You used the pocket knife to cut the victim’s bilum and threatened her with it. You later ran away with the bilum containing the K 100.00 cash and the mobile phones. The police apprehended you immediately thereafter and charged you. 

3.	Upon arraignment, you pleaded guilty to the above facts. After reading the depositions, I confirmed your plea of guilty and accordingly convicted you. 

4.	The appropriate penalty that I must impose on you is the issue that I now must determine. 

5.	When asked whether you had anything to tell the Court before you are sentenced, you were remorseful and asked the Court to be lenient. You wanted the Court to place you on good behaviour bond. 

6.	I have considered the penalty provision in s.386, my discretion in s.19 and the sentencing guidelines in relation to armed robbery in the Supreme Court cases of Gimble v. The State [1988-89] PNGLR 271, Public Prosecutor v. Don Hale (1998) SC564 and Tau Jim Anis v. The State (2000) SC642 and I am of the opinion that your situation falls under category 4 of the Gimble case (supra).

7.	Despite the fact that the mitigating factors outweigh the aggravating factors and these include your early plea of guilty, your co-operation with the police, a first time offender and you expressed remorse, you had a dangerous weapon with you, a pocket knife. You threatened the victim with this knife and cut her bag. This to me is a serious aggravating factor, although it is not a worst type of offence. Because the victim sustained no injuries. 

8.	I will therefore impose on you a sentence of four (4) years.

9.	I will deduct one (1) year from the four (4) years because of your early plea of guilty, your co-operation with the Police and you readily admitted to the offence. 

10.	I note that you were seriously beaten up by the Police when you were apprehended and taken to Gerehu Police Station. At the Gerehu Police Station you were continuously beaten and you were nursing serious wounds in the cells and in custody at Bomana. This is a factor which I seriously take into account in your favour. For this I will deduct another one (1) year from the four (4) years imprisonment term. I say this because you have received jungle justice at the hands of the Police: The State v. Smith James Ondari (1990) N867.

11.	You are now only required to serve two (2) years term of imprisonment. 

12.	You have been in custody for a period of two (2) years and fifteen (15) days up to today before sentence. I am required to deduct this period in custody from the above term of imprisonment. 

13.	I consider that the two (2) years fifteen (15) days you spent in custody awaiting trial is sufficient punishment and I accordingly sentenced you to the rising of the Court.

14.	The Pre-Sentence Report recommends suspended sentence with community work orders to be served in your own province. You have to be repatriated to your home province. Your guardian is willing to assist in your repatriation. 

15.	Because you will not serve any imprisonment term, no suspended sentence is ordered. You are however ordered to be repatriated back to your home province by the guardian as soon as practicable after your release. 

_____________________________________________________
Public Prosecutor: Lawyer for the State 
Paul Paraka Lawyers: Lawyer for the Prisoner