N6828

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR NO. 1033 of 2016

THE STATE

V

WILLIE DANIS

Popondetta:	Koeget, AJ
2017:	15th and 21st, June.

CRIMINAL LAW- Indictable offence – Assault with intention to steal under section 388 of the Criminal Code Act – Maximum sentence – Exercise of discretionary powers of court under section 19 of the Criminal Code Act.

Counsel:	

L. Toke, for the State
E. Yavisa and C. Namono, for the Accused

21st June, 2017

1.	KOEGET, AJ; INTRODUCTION:  The accused is charged with one count of unlawful assault with intent to steal pursuant to section 388 of the Criminal Code Act.

FACTS:

2.	The accused in the company of two other persons at night jumped the fence of a residential premises guarded by security guards in Popondetta town.  

3.	The accused confronted one of the security guard on duty and attacked him with a weapon he carried.  The security guard sustained injuries to his leg and head.

4.	The accused proceeded to the dwelling house and was disturbed by other security guards who arrived to assist their colleague.  The accused fled the scene but was apprehended by the police and charged with the offence of unlawful assault with intent to steal.

ARRAIGNMENT:

5.	The accused pleaded guilty to the charge and was convicted accordingly.  

ISSUE:

6.	The issue for the Court to determine is what is the appropriate sentence to impose upon the prisoner?   

LAW:

“388.	Assault with Intent to Steal.

A person who assaults any person with intent to steal anything is steals anything is guilty of a crime.

Penalty:	Imprisonment for a term not exceeding 3 years.”

ALLOCATUS:

“I say sorry to the security guard I assaulted.  I say sorry to the State for breach of the law.  I now realise that I did the wrong thing and I hate to be in jail”.

PERSONAL PARTICULARS:

7.	The prisoner is 22 years old and reside with the family at Niugini Compound on the outskirts of Popondetta town.  He is the eldest of five children in the family and life has been hard for him and the family as the father deserted them and does not support them.  The mother struggles to find cash and food daily to feed him and other siblings.

8.	The prisoner was attending Primary school in Popondetta when he committed the offence.  So he is a first time youthful offender and is a bachelor.

AGGRAVATING FACTORS:

9.	The offence was committed at night in company of other persons.  A weapon was used in the commission of the offence and a security guard was injured.  This type of offence is prevalent in the country nowadays.

MITIGATING FACTORS:

10.	The prisoner pleaded guilty to the charge and saved valuable time of the Court.  In the record of interview, the prisoner denied commission of the offence but in Court, he admitted the commission of the offence.

11.	He is a first time youthful offender.  He stated in allocatus:  “I now realise that I did the wrong thing and I hate to be in jail.”

12.	He has been held in custody pending hearing of this case for 1 year and 3 months.  In my opinion, this is not the worst type of case of assault.

SENTENCE:

13.	The prisoner stated in allocatus that he realised in jail what he did was a foolish act and regrets it.  He hates to be in jail and these are factors that urged him to admit the commission of the offence in Court.  He has gained no benefit from commission of the offence.

14.	He is remorseful and I believe that he has now truly realised that jail is not a nice place to be in.

15.	He has been in custody for 1 year and 3 months and in my opinion that period is sufficient punishment for the offence he committed.

16.	So the prisoner is sentenced to be imprisoned for 1 year and 3 months in hard labour.  The pre-trial custodial period is substituted for the sentence.  The prisoner has served the sentence already.

ORDERS:

1.	The prisoner is discharged from Biru Corrective Institution Services forthwith.
____________________________________________________________
Public Prosecutor	: Lawyer for the State		
Public Solicitor	:  Lawyer for the Accused