N7751

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR No. 1344 OF 2018

THE STATE

V

JOHN MORRIS

Daru : Koeget, J
2018 : 06th & 10th December

CRIMINAL LAW -  Indictable offence – Escaping from Lawful Custody pursuant to section 319 (1) of the Criminal Code Act chapter 262 – sentence on guilty plea - second offence committed whilst serving sentence for first offence – terrorised a family in their house whilst out of prison – severe sentence to be imposed to deter him not to commit such offence while in prison.

Facts

The accused was serving a sentence for armed robbery imposed by the National Court in Daru in 2018.  On 10th May 2018 between 3 o’clock and 3:30 o’clock in the morning the accused escaped from Daru Corrective Institution Services without consent of the Acting Commander of the Institution.

The accused was sighted at Giwari Kona, in Daru and a complaint was lodged at Daru Police Station as he had terrorised a family in their house.  The accused was apprehended and charged with the offence of escaping from lawful custody.

Counsel:

D. Mark, for the State
Boski Koke, for the Prisoner

10th December, 2018

1.    KOEGET J:  INTRODUCTION: The accused is charged with one count of Escaping from Lawful Custody pursuant to Section 139 (1) of the Criminal Code Act chapter 262.  The accused pleaded guilty to the charge so he was convicted accordingly.

ISSUE

2.   The issue is what is the appropriate sentence court should impose upon the prisoner.

LAW

3.   “ Section 139.  Escape by prisoner.

(1)	  a person who, being a prisoner in lawful custody, escapes from that custody is guilty of a crime.

Penalty:  A term of imprisonment of not less than five years.”

PERSONAL PARTICULARS

4.  The prisoner is 19 years of age and is a bachelor.  He is from Torobina village, Lower Bamu in the Middle Fly District of the Western Province.

He was a student attending Daru Monfort Primary school when convicted by the National Court for robbery.  He was serving a jail term of 7 years in hard labour when he escaped from custody.

AGGRAVATING FACTORS

5.  The prisoner was serving an imprisonment term when he escaped from lawful custody.  He threaten a family in their house at Giwari Kona in Daru after escaping from lawful custody.

MITIGATING FACTORS

6.  He did not threaten CIS officers when he escaped from Corrective Institution.  He pleaded guilty to the charge and saved valuable time of the court. 

He cooperated well with the police and made admissions in answers in the record of interview.

SENTENCE

7.   Although the prisoner escaped without threatening the CIS officers, he went and threaten a family in their house at Giwari Kona on Daru Island.  The victim of the threat reported the matter to the police and so the prisoner was arrested as a result.

8.     The prisoner has a prior conviction for robbery and so he is not a first time offender.  He has a violent character so a severe sentence ought to be imposed to deter him in the future.

9.     The prisoner is sentenced to be imprisoned for 3 years in hard labour.  This sentence is to be served cumulatively upon the sentence of seven years imposed by the National Court in Daru in 2018.

Accordingly Ordered,

Public Prosecutor :  Lawyer for State			
Public Solicitor:  Lawyer of Accused