N7748
PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR No. 1084 OF 2018
CR No. 1085 OF 2018
THE STATE v KERON JOHN ALELOK
THE STATE v ALFORD PAME

Kiunga: Koeget, J
2018:18th October, 25th October

CRIMINAL LAW-   Indictable offence – Break, Enter and Stealing under section 398 (a)(i) of the Criminal Code Act – State invoke section 7 of the Criminal Code Act – sentence on guilty plea – application of Court’s discretionary powers under section 19 of the Criminal Code Act – sentences suspended with conditions.	

Counsel:

Ms. T. Aihi, for the State
J. Kolowe, for the Accuseds.

25th October, 2018

1.	KOEGET J: INTRODUCTION:  The accuseds are charged with one count of Break, Enter and Stealing pursuant to section 398 (a)(i) of the Criminal Code Act chapter 262.

2.	They acted in concert, aided and abetted each other in the commission of the offence so the State invoked section 7 of the Code.

FACT

3.	On the night of 23rd of March 2018 between 08 o’clock and 09 o’clock, the accuseds in company of Kaka Kelly went to the Crusher located at Tabubil with a hammer and small grass knife, entered the Geology and Exploration office of Ok Tedi Mining Limited.

4.	The accused Keron John stood at the corridor of the office as a watchman while accomplices Alford Pame and Kaka Kelly went into the office.  In the office Kaka Kelly gave the hammer to Alford Pame who used it to break open a window of the office.  The accused Kaka Kelly entered the office through the broken window while Alford Pame stood outside and waited.  The accused Kaka Kelly climb back through the broken window and informed Alford Pame to bring in Keron John.  The three accuseds assisted each other to pack various electronic items in their bags and the total value of goods stolen is K11,719.00.

5.	The accuseds fled the scene and took the stolen goods to their respective houses and hide them.  The goods at all material times belong to the Ok Tedi Mining Limited.  The staff of the Ok Tedi Mining Limited discovered the theft and reported it to the police resulting in the apprehension of the accuseds.  The State alleges that the actions of the accuseds contravened sections 398(a)(i) of the Criminal Code Act.

6.	Since all accused acted in concert and assisted each other in commission of the offence, the State invoked section 7 of the Criminal Code Act.  

ARRAIGNMENT

7.	There are admissions in answers to the records of interview.
The accuseds pleaded guilty to the charge so they were convicted accordingly.  

ISSUE

8.	The issue is what is the appropriate sentence the court should impose upon the prisoners?

LAW

“Section 398.  Breaking into buildings and committing Crime.

A person who – 
(a)	  Breaks and enter –
(i)	a school house, shop, ware-house, counting-house,
office, store, vehicle, garage, hangar, pavilion, factory,
workshop, tent, caravan, petrol station, ship, aircraft, vessel or club is guilty of a crime.

Penalty:  Imprisonment for a term not exceeding 14 years.”

“Section 7.  Principal Offenders.

(1)	Where an offence is committed, each of the following persons shall be deemed to have taken part in committing the offence and to be guilty of the offence, and may be charged with actually committing it –

(c)   every person who aids another person in committing the offence.”

Personal Particulars

Keron John Alelok

9.	The prisoner is 19 years of age and he is a bachelor.  He attended Tabubil Secondary High school and completed grade 10 in 2017.

Alford Pame

10.	He is 21 years of age and is married with no children.  He attended Bomasaka High school in Wewak and completed grade 9 in 2010.

AGGRAVING FACTORS

11.	The prisoners planned to commit the offence at night and aided and abetted each other.  Most of the goods stolen were recovered by the police but some are yet to be recovered.

MITIGATING FACTORS

12.	The prisoners are first time offenders and surrendered to the police.  Most of the valuable goods were recovered by the police although few are still missing.

13.	The prisoners have been in custody for 2 months and 2 weeks before released on cash bail of K500.00 each.  

14.	No lives were threatened in the commission of the offence.

SENTENCE

15.	The commission of the offence was planned and well executed at night.  The prisoners stole valuable electronic items belonging to the mining company and most have been recovered by the police but few are still missing.

16.	The prisoners are remorseful and plead for leniency of the court as they are first time offenders.

17.	Both counsels referred court to some previous decided cases and submitted that a head sentence be imposed as in those cases with orders for suspension of balance of the sentences with conditions. I accept those as valuable proposition and so the sentences are that the prisoners are sentenced to be imprisoned for 3 years each in hard labour.

18.	Their pre-trial custodial periods of 2 months and 2 weeks each are ordered to be deducted.  

19.	The balance of 2 years, 9 months and 2 weeks are wholly suspended on conditions that both enter into recognisance and promise to Keep Peace and be on Good Behaviour Bond for 2 years, 9 months and 2 weeks.

ORDER  

20.	The cash bail of K500.00 each are to be re-funded to the prisoners.

Accordingly Ordered.

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