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Perryman, The State v [1982] PNGLR 5 (1 February 1982)

Papua New Guinea Law Reports - 1982

[1982] PNGLR 5 - The State v Virgil Dewit Perryman 

[1982] PNGLR 5

N370

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

THE STATE

V

PERRYMAN

Waigani

Kidu CJ

1 February 1982

CRIMINAL LAW - Criminal Code Act - Revised Laws - Effect on charges laid before 1st January 1982 - Revision of Laws Act 1973[i]¹, s. 21 - Criminal Code, s. 481 (now s. 468)[ii]².

STATUTES - Construction - Revised laws - Effect of Criminal Code Act - Charges laid before 1st January 1982 - Revision of Laws Act 1973[iii]³, s. 21 - Criminal Code[iv]⁴, s. 481 (now s. 468).

Criminal charges laid under the provisions of the Criminal Code, before 1st January, 1982, the date of coming into effect of the Revised Laws, should be heard and determined according to the law as it stood before such revision.

Trial

This was the trial of an accused on three charges of making documents without authority contrary to the provisions of s. 481 (now s. 468) of the Criminal Code. The report is confined to the question of the application of the Revised Laws effective from 1st January 1982.

Counsel

J. E. Byrne and C. Righatta for the State.

S. Cory, for the accused.

Cur. adv. vult.

1 February 1982

KIDU CJ: The indictment dated 20th January, 1982, presented against the accused contains three counts brought under the then s. 481 of the Criminal Code. In the Revised Law which came into effect on 1st January this year, this section is numbered s. 468. I mention this because of the changes in terms of the offence.

The old provision reads:

481.    Making documents without authority. Any person who with intent to defraud:

(a)      without lawful authority or excuse, makes, signs, or executes, for or in the name or on account of another person, whether by procuration or otherwise, any document or writing; or

(b)      knowingly utters any document or writing so made, signed or executed, by another person,

is guilty of a crime, and is liable to imprisonment with hard labour for seven years.

The emphasized words in s. 481(1) are omitted from the new s. 468 and replaced by the word “instrument”:

468.    Making documents without authority. A person who, with intent to defraud:

(a)      without lawful authority or excuse, signs or executes, for or in the name or on account, for another person, an instrument, or

(b)      knowingly utters an instrument so made, signed or executed by another person, is guilty of a crime.

Penalty: Imprisonment for a term not exceeding seven years.

When I pointed out the above differences both counsel made no issue of it. I invited written comments. Only Mr. Byrne gave me a note which merely says that the answer to my query was contained in s. 21 of the Revision of Laws Act 1973—that is that the indictment, based on the old s. 481 is still valid. This section says:

“The inclusion of a law in, or the exclusion of a law from, the Revised Laws does not affect any civil or criminal proceeding previously commenced under that law, but every such proceeding may be continued and everything in relation to it may be done in all respects as if the law had not been so included or excluded”.

The accused was charged with the present offence under the old s. 481 before the Revised Laws came into effect on 1st January, 1982. He was committed for trial on 7th October, 1981.

I am satisfied that I can proceed on the consideration of this case without concerning myself with what the new law (s. 468) says.

[His Honour then dealt with the substance of the charges.]

Ruled accordingly.

Solicitor for State: Public Prosecutor.

Solicitor for accused: S. Cory.