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State v Kuhe [1999] PGNC 76; N1907 (31 August 1999)

Unreported National Court Decisions

N1907

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

CR NO. 409 OF 1997
THE STATE
AGAINST
KAI KUHE
(ACCUSED)

Goroka

Kirriwom J
31 August 1999

Counsel

Mr R. Johnson for the State

Mr M. Apie’e for the Accused

31 August 1999

SENTENCE

KIRRIWOM J: I found you guilty of arson. Under the Code you are liable to go to prison for a long time.

I find your conduct to be a cowardly act. You were not happy with James Kange who had settled on a block of land given to him by a man from your village of Anaera. It was not enough that you and your line forced him about by destroying his food gardens and stealing from him but you also burnt his house with some personal items still inside. If you had problem with James Kange, you should have taken him to Court instead.

You are aged 37 years and a married man with 3 children. You appear to have led a clean record so far until 1996 when you were sent to Bundaira Prison by the District Court for assaulting an ACO at Bundaira. This offence was also committed in September 1996. I am unsure whether I should treat this record as a prior conviction because the Antecedent Report shows that the offence involved assault of an ACO at Bundaira. State has not clarified this aspect as to when in time this assault conviction relates and I will therefore ignore it and treat the prisoner as a first offender.

I do not consider this case to be a worst case of arson. I am mindful of the authorities that imposed between 4 - 5 years for arson cases specifically, I do not think this case falls into that category at all.

Taking into account all the circumstances of the case I sentence you to two and half years imprisonment in hard labour.

Bail money of K200 be refunded to you.

Lawyer for the State: Public Prosecutor

Lawyer for the Accused: Public Solicitor