N11304
PAPUA NEW GUINEA
[NATIONAL COURT OF JUSTICE]

HRA NO 131 OF 2024

APPLICATION BY DONALD STEVEN JOE
Applicant

WAIGANI : CANNINGS J
11 APRIL, 5, 23 MAY 2025

HUMAN RIGHTS – right to full protection of the law, Constitution, s 37(1) – prisoner serving two cumulative sentences – recalculation of due date of release.

The applicant was sentenced twice by the National Court after being convicted of two separate armed robbery offences. The first sentence was ten years imprisonment. The second sentence was 18 years imprisonment. He was dissatisfied with the due date of release from custody calculated by the Correctional Service (22 October 2036). He sought a declaration of his correct DDR, which he claims is in January 2036. 

Held:

(1)	Every prisoner has the right to the full protection of the law under s 37(1) of the Constitution. This means that they have the right to know with certainty their DDR and they have the right to have the date checked and if necessary corrected. 

(2)	To enforce the right of the applicant to the full protection of the law under s 37(1) of the Constitution his DDR was recalculated as 22 January 2036.

Cases cited
Application by Bona Umauma (2024) N10876
Application by John Varimai (2024) N11117
Application by Wendol Agua (2024) N11122
Applications by Hobai Haro & Lolo Bellamy (2024) N11096
Complaint by John Irekau (2013) N4958

Counsel
B Shem for the applicant  

1.      CANNINGS J: Donald Steven Joe is a prisoner at Bomana Correctional Institution serving two separate sentences for armed robbery. He was first sentenced on 23 August 2019 by the National Court at Waigani to 10 years imprisonment with 2 years 3 months deducted for the pre-sentence (remand) period in custody. He was next sentenced on 13 November 2020 by the National Court at Bomana to 18 years imprisonment after being convicted of a second armed robbery offence. There was no pre-sentence period in custody deducted from the second sentence, which was expressed to commence at the expiration of the first sentence. 

2.     He is dissatisfied with the due date of release from custody calculated by the Correctional Service (22 October 2036). He claims that his DDR should be a date in January 2036.

3.     He applies to the National Court for enforcement of his right under s 37(1) of the Constitution to the full protection of the law. I have no difficulty enforcing that right. Every prisoner has the right to know with certainty their DDR. They have the right to have that date checked and if necessary corrected. 

DUE DATE OF RELEASE

4.     I have set out a two-step approach to determination of the due date of release (DDR) in many cases, starting with Complaint by John Irekau (2013) N4958. Recent cases in which that approach has been applied include Application by Bona Umauma (2024) N10876, Applications by Hobai Haro & Lolo Bellamy (2024) N11096,  Application by John Varimai (2024) N11117 and Application by Wendol Agua (2024) N11122.

5.     Step 1: Identify the date of the first sentence and add to it:

(a)	the total length of all sentences, and
(b)	the total length of all periods, if any, the applicant was at large,

to arrive at a gross DDR.

6.     Step 2: Deduct from the gross DDR the periods that the applicant is entitled to have deducted, namely:

(a)	any pre-sentence period in custody that a court has ordered under the Criminal Justice (Sentences) Act be deducted, and
(b)	remission of sentence under s 120 of the Correctional Service Act, and
(c)	any period of suspension of the sentence,

to arrive at the net DDR.

Step 1
 
7.     The date of the first sentence is 23 August 2019. To that date is added:

(a)	the total length of all sentences: 10 years + 18 years = 28 years; and
(b)	any period the applicant was at large: here that is zero. 

8.     The gross DDR is 23 August 2019 + 28 years = 23 August 2047.

Step 2

9.     From the gross DDR is deducted:

(a)	the pre-sentence period in custody: it is shown on the first warrant of commitment as 2 years 3 months ; 
(b)	remission of sentence, 1/3 x 28 years = 9 years 4 months; and
(c)	suspension: zero.

10.     The net DDR is 23 August 2047 minus (2 years 3 months + 9 years 4 months) = 23 January 2036.

ORDER

(1)	It is declared that the applicant is being detained with an incorrect due date of release. The correct due date of release with remission is 23 January 2036.

(2)	The Jail Commander, Bomana Correctional Institution, shall ensure that by 6 June 2025:

(a)	a sealed copy of this order is placed on the applicant’s detainee file; and
(b)	the detainee file and all other relevant files and records are amended to show that the due date of release with remission is as shown in this order.

(3)	The matter shall be called on 13 June 2025 at 1.30 pm to check compliance with this order.  
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Lawyer for the applicant: 	Public Solicitor