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State v Levatoro [1997] PGNC 50; N1547 (24 April 1997)

Unreported National Court Decisions

N1547

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

CR NO. 385 OF 1997
THE STATE
v
CHRIS DANIEL LEVATORO

Waigani

Batari AJ
22 April 1997
24 April 1997

CRIMINAL LAW - Sentence - Attempt robbery of Motor Vehicle outside shop - Prisoner in accompany of others and armed.

CRIMINAL LAW - Sentence - Attempt robbery - Crime of violence or threat of violence - Aggravating factors - Mitigating factors - Plea of guilty - Part suspense of sentence appropriate.

The accused pleaded guilty to one count of attempted robbery. The following reasons deli delivered on sentence.

Counsel:

L Maru with Ms Zurenuoc for the State

M Apie’e for the Accused

SCE

24 April 1997

BATARI TARI AJ: Chris Daniel Levatoro, you have pleaded guilty to one count of attempted robbery, contravening s.387(1), 2(a) & (b) of the Criminal Code, Chapter No.262. Having confirmed and conv cted you upon that plea, I must now impose punishment on you.

Your offence was committed in this way. On 19 Septem1996 nd two otwo others approached the victim, Kurt Sieger outside the TST Shop at Tokararaarara. Asieger and his companioednioed to leave in their vehicle, one of you held a home-made pistol against his head and got ogot off him, the key to the vehicle.; One of your other friends at the same time pointed what rhat resembled a pistol at by-standers. Beyou could drive the ve a ve away, off-duty police members at the scene intervened and fired warning shots causing you you and your friends to abandon the vehicd flee. You were caught and chaford for the attempt rmpt robbery of Mr Sieger’s vehicle. That is the brief summary of what was a serious of offence for which you are liable to be imprisoned up to 14 years. Because tw says the sentenentence I e must strike the balance between the offence and the public interest on the one hand and tand the individual offender on the other, aximum penalty, I consider at the outset, is not applicablecable to your case.

Your lawyer has made useful submissions in mitigation on your behalf. Somthe matters he referrederred to include:

· ҈& < < your personalgrackd;

· ټ&##160;< < plea of g;

·S ҈&ـ&; eration wion with the pohe police;lice;

· &##160& ـ remorse.

I ap>I accept and taese ms intsideratderation wion when I deliberate your sentence.

It is apparent that you participated actively in this failed robbery. A-madeol wand on y on you you whou when you were apprehended. There was sndication that that the pistol was loaded with live ammunit#160; The other “pistol” it appeared from the depositions was an imitation only only. In own admissions, you hheu hhe home-made pistol againstainst the victim’s head. The conseq could have been been most tragic if you had pulled the triand in that case, you would be facing life imprisonment or t or even the death penalty. I hope you hy now realisedlised how clou came to committing the mohe most serious crime of murder.

The offences of robbery and attempted robbery inherently conduced ts of violence and in some instances, actual violence.&#160 The often some degree of p of planning present and are carried out with aggression and determination. Where two or more persons are involved, each one has a role to play one way or the othefacilitate success of the cthe criminal enterprise. In the course oferies or a or attempts, victims are overwhelmed by trauma, anxiety and become most vust vulnerable. Sometimes lives of victims are devastated and the effect ng lasting ting particy where serious bodily harm harm, death or substantial loss of property resulted. That is the brief synopf t of the facts and e of yffence. Mem; Members of the community which this cour court represents must be protected. One way tthis is to deal seal sy with the offenders. Strong punitive mea againsgainsgainst attempt robbery is also called for because of its prevalence.

Youence is aggravated by your being in accompany of others ands and being armed. In your favour you havadedeaded guilty. I consider thur remorse asse as expressed in court is also supported by your plea of guilty. I am satisfied re not like likely to fend hat a full term of incarceration is not in the cohe community interest.

The penalty alty I propose to impose should serve two iples of sentencing: (i) to serve as personal deterrence toce to you - the publicity which your conviction has attracted, the shame and humiliation which you have brought yourself and your parents will bring home to you at personal level that there is no benefit in trying to steal from others with violence or threats of violence; (ii) the sentence will serve as a warning to others who might be like-minded that their conduct would not escape punishment.

I have considered the sentences imposed in similar cases to yours as a guide. Glly, it is fair I think, ink, to proceed on the basis that sentences in attempt robbery where the prisoner pleads guilty, range from 1 year to 8 years or more in the most serious cases where the victims are injured or killed. The appropriate sentence for your offence in all the circumstances is 3 years imprisonment IHL.

I order that:

(a) You be sentenced toa3 yemps imprisonment IHL.

(b) 2 months and 2 weeks of pre-trial custody period be deducted.

(c) ـ 2 yearsube suspendepended upon your own recognisance to be on Good Bour Bor 24hs.(d)& &1160;#You; You You are tare tare to sero serve 9 months and 2 weeks imprisonment IHL.

Lawyer for the State: P Mogish Publosecutor

Lawyer for the Accused: D Koeget A/Public Solicitor