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State v Dipsy [2017] PGNC 424; N8007 (14 September 2017)

N8007

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR No. 1040 OF 2017

THE STATE

V

ONSY DIPSY

Daru: Koeget, AJ
2017: 09^th, 12^th, 14^th September.

CRIMINAL LAW-Indictable offence – Wilful and Unlawful Damage – section 444(1) of Criminal Code Act chapter 262 – guilty plea – Maximum sentence – Discretionary powers of Court under section 19 of Criminal Code Act.

Facts

On 14^th September, 2016 at about 6 o’clock in the afternoon, the victim, Isaac Manam drove a motor vehicle registration No. BDF 573, a Toyota Land cruiser, five door along the public street to the main market at Daru town. He stopped the motor vehicle at the main market to pick up a passenger and his cargoes.

The accused was drunk in company of others confronted the victim and argued with him regarding the manner in which he drove the vehicle on the public street towards the crowded market place.

The accused became very angry and screamed at the victim. He then proceeded to pick up a stone and hit the windscreen of the motor vehicle and the wind screen cracked.

The other persons in the company of the accused took stones, sticks and threw them at the motor vehicle. The vehicle was damaged and the total cost of the damage estimated by Ela Motors is K7,178l.00.

Counsel

D. Mark, for the State
W. Dickson, for the Accused.
14^th September, 2017

1. KOEGET, AJ: INTRODUCTION: The accused is charged with one count of Wilful and Unlawful Damage of property pursuant to section 444(1) of the Criminal Code Act chapter 262.The accused pleaded guilty to the charge so he was convicted accordingly.
   

ISSUE

2. The issue for the court to determine is what is the appropriate sentence the court should impose upon the prisoner?
   

LAW

3. “Section 444.Malicious injuries in general: punishment in special cases.
   
   • (1) a person who wilfully and unlawfully destroy or damages any property is guilty of an offence that, unless otherwise stated, is a misdemeanour.
     

Penalty: If no other punishment is provided by this section – imprisonment for a term not exceeding two years.”

ALLOCATUS

4. In allocutus he said: “I am 35 years of age and am a bachelor. I only damaged the wind screen of the vehicle and others in the market caused damaged to the body of the motor vehicle. I want a non custodial sentence.”
   

PERSONAL PARTICULARS

5. The prisoner is 35 years of age and is a bachelor. He attended Daru High School and completed grade 10 in 1989. He resided in Daru when the offence was committed.
   

AGGRAVATING FACTORS

6. The motor vehicle was damaged in a public place and the owner has suffered some loss of use of his motor vehicle. The damaged wind screen has not been replaced to the date of sentence.
   

MITIGATING FACTORS

7. The prisoner cooperated well with police and he admitted commission of the offence to them in the record of interview.
   
8. He saved valuable time of the Court when he pleaded guilty to the charge in this court.
   
9. He is a first time offender and has expressed remorse when pleading for a non custodial sentence. He was apprehended by the police and has been in custody until the 8^th of September 2017 when released on cash bail of K150.00. So he was in custody for this offence for 12 months 12 days.
   

SENTENCE

10. The damage to the windscreen caused by the prisoner is a crack to the windscreen and the damage to the other parts of the vehicle were caused by other people at the market. The prisoner cooperated well with the police and save valuable time of Court when he pleaded guilty to the charge.
    
11. The aggravating factors in this case are not very serious for this court to impose further custodial period as sentence. The prisoner has been in custody for this offence for one year and twelve days and in my view that is sufficient punishment for the offence he committed.
    
12. The prisoner’s pre-trial custodial period is substituted for the sentence imposed. So he has already served it. He is discharged from Daru Corrective Institution Services.
    

ORDER

13. The prisoner’s bail of K150.00 is refunded to him.

____________________________________________________________
Public Prosecutor: Lawyer for State
Public Solicitor: Lawyer for the Accused