N9449
PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR NO. 6 OF 2021

THE STATE
-V-
ZECHARIAH JERRY

Alotau: Koeget, J
2021: 17th, 23rd March

CRIMINAL LAW – prisoner pleaded guilty to escaping from lawful custody – prisoner was awaiting sentence for previous crime when he escaped – prevalent offence – mitigating and aggravating circumstances – consideration of – what is the appropriate sentence – 3 years in labour imposed

Cases Cited:
Nil
Counsel: 
L. Rangan, for the State
N Wallis, for the Accused

23rd March, 2021
1.	KOEGET, J: INTRODUCTION: The accused is charged with Escaping from lawful custody pursuant to Section 139 of the Criminal Code Act Chapter 262.

Fact
2.	On 11th March 2019 the Alotau National Court convicted the accused on count of causing grievous bodily harm to one Lasen whilst awaiting sentence, he escaped from Giligili Corrective Institution on 14th June 2019. On 14th June 2019, the accused participated in sporting activities organised by the institution and between 9am and 10am he simply walked into the bus unnoticed.

On 16th of November 2019, he was arrested by the warders in Alotau town.

Issue
3.	The accused pleaded guilty to the charge so he was convicted accordingly. The issue for the Court to determine is what is the appropriate sentence the count ought to impose upon him.

Personal Particulars

4.	He is 20 years of age and is a bachelor. He is from Gewata, Fergusson Island, Esa’ala District, Milne Bay Province. 

5.	He belongs to the United Church religious denomination and is a villager.

6.	He is a subsistence gardener.

Aggravating Factors
7.	He was convicted by the Alotau National Court on the charge of causing grievous bodily harm and whilst awaiting pronouncement of sentence escaped from lawful custody on 14th June 2019.

8.	The State used resources and incurred expenses leading to his recapture on 16th of November 2019. Such offence is prevalent in the country.

Mitigating Factors
9.	The prisoner did not offer threat of violence to anyone including the prison warders when he escaped from custody. He walked into the bush unnoticed and was at large for four (4) months before being recaptured by the prison warders at Alotau town. 

10.	He co-operated well with the police when he made admissions in the record of interview. 

In Court, he pleaded guilty and saved valuable time of the Court.
11.	The period of one (1) year and four (4) months is not regarded as pre-trial custodial period because he was in lawful custody awaiting sentence by Alotau National Court on the previous charge.

Sentence
12.	The prisoner offered no threat to the prison warder when he escaped from lawful custody. He simply walked out of lawful custody unnoticed and remained at large until the date of recapture at Alotau town.

13.	He co-operated well with the police and in Court he pleaded guilty and consequently saved valuable time of the Court. So in my view a lenient sentence ought to be imposed in the circumstances of the case.

14.	He is awaiting pronouncement of the sentence by the Alotau National Court on the charge of Causing Grievous Bodily Harm. The period of one (1) year and four (4) months spent in custody are not regarded as pre-trial custodial period.

15.	In the circumstances of this case, the prisoner is sentenced to be imprisoned for a period of three (3) years in hard labour.

Accordingly sentenced.
____________________________________________________________________
The Public Prosecutor: Lawyer for the State
The Public Solicitor: Lawyer for the Accused