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State v Pakai [1999] PGNC 10; N1833 (5 March 1999)

Unreported National Court Decisions

N1833

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

CR 156 OF 1999
THE STATE
-V-
ANSE ANSKAR PAKAI

Wewak

Sawong J
2 March 1999
5 March 1999

CRIMINAL LAW - Sentence - Armed Robbery - Plea of Guilty - Robbery of a vehicle on the road - with threats to use guns - Custodial Sentence appropriate.

Counsel

Mr. Ruarri for the State.

Mr. Tusais for the Accused.

5 March 1999

SAWONG J: The accused pleaded guilty to aggravated robbery, an offence prescribed by S. 386 (2) of the Code.

FACTS

On the early morning of 16 November 1998, the accused and his two accomplices were at the Wirui Road, herein Wewak.

Whilst they were there, a Toyota Hilux Double Cabin, bearing registration number WAA 324, and driven by Herman Kabai was travelling along that road towards the Dagua market. Mr. Kabai was held up by the accused and his two accomplices by pointing a pistol at him. Upon being held up Mr. Kabai stopped the vehicle and asked them what they wanted. They threatened Mr. Kabai with the firearms, removed him from his vehicle and the accused and his accomplice drove away in the said vehicle along the West Coast road. However at Kaindi the vehicle ran off the road and into a ditch. The accused and his accomplice left the vehicle there and fled the scene.

CIRCUMSTANCE OF THE ACCUSED.

The accused is now 21 years old. He was about 20 year old when he committed the crime. He is single. He comes from a family of three children, two sisters and he is the only male child. Both of his parents are alive but old. He received a very basic minimal education and was unemployed at time of offence. He has been in custody for about 3 months and several weeks. He is a first offender.

When I administered the allocatus to him, he told the Court that he was a first offender, that he was influenced by some of his peers to take part in committing crime. He asked the Court for lenient sentence and in particular ask the Court to impose a wholly suspended sentence.

The crime of armed robbery in any manner shape or form, in my view, is serious, and violent crime. It is much more so if it is committed by a group of men acting together using guns and any dangerous weapons with threats to use violence. The crime is also a prevalent crime, where it is being committed by youthful first offenders.

It is my firm view that anyone who commits the crime of aggravated robbery deserves no sympathy nor leniency from the Court. This kind of anti social behaviour is being so prevalent that generally speaking, people in this country are living in fear.

The Judges of this Court have been issuing warnings after warnings, year after year, to the would be offenders not to commit these type of violent crimes. We have also consistency issued warnings that the sentence would be increased to deter would-be offenders. It seems however that would-be offenders are not listening. The time has come to stop pussyfooting around.

The sentence I am about to pronounce should be a warning to others that the sentences will be increased and increased significantly from the past.

I accept that you pleaded guilty, that you co-operated with the police and readily made admissions. But I don’t consider you to be youthful offender. The principles of youthful offenders cannot be applicable to you because you are in your twenties. Further even if one were to regard you as youthful offender, which you are not, youthfulness can no longer be considered to be forceful contention towards leniency, especially in cases like this, which is so prevalent.

In the circumstances of your case, I do not accept your plea for leniency. I also do not consider any part of the sentence ought to be suspended.

In all the circumstances of your case, you are sentenced to 9 years IHL. The period of 3 months and 1 week is deducted for pre trial custody and you shall serve a sentence of 8 years 8 months and 3 weeks IHL.

Lawyer for the State: Public Prosecutor

Lawyer for the Accused: Public Solicitor