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State v Diga [2000] PGNC 30; N1991 (17 April 2000)

N1991
PAPUA NEW GUINEA

[IN THE NATIONAL COURT OF JUSTICE IN MADANG]

CR 318 OF 2000
THE STATE

-V-

GILBERT PETER DIGA

MADANG : SAWONG J.
2000: 14TH, 17TH APRIL

Criminal Law – Sentence – Armed Robbery – Plea of Guilty – Robbery of victims in a PMV bus – Sentence of 7 years IHL -

Counsel:

MR. RUARRI, for the State

MR. KARI, for the Accused

17th April, 2000

SENTENCE

SAWONG J. : On Friday, last week, you pleaded guilty to committing armed robbery, an offence contrary to S. 386 (2) of the Code.

The facts were that you and your accomplice, who were drunk, got a PMV bus to go to Newtown in Madang. When you arrived at Kuperu Road, in Newtown, you and your accomplice told the bus driver to stop so that you could get off. The bus stopped and the two of you got out and when you got out you demanded money from the bus crew. You assaulted the crew and stole K50.00 from him, after which you left.

You are a 26 year old married man. No children. You come from a family of 2 brothers and 2 sisters. Both of your parents are alive. Completed grade eight.

In your allocates you said some things, these I have taken note off. You are a first offender. You have been in custody since 12 December 1999, a period of 4 months and 4 days.

You and your friend were drunk when you committed this offence. Unfortunately, we once again see the effect of alcohol abuse. This is not a factor in your favour; in fact it is a factor against you.

The victim was assaulted by you and your friend. There was therefore actual violence involved in the course of robbery.

The offence attracts a maximum sentence of life imprisonment. So you can see that you could be sent to jail for many years. This is serious prevalent and violent offence. Your lawyer said the sentence should be between four to six years.

The sentencing pattern now is that for an offence like yours, when the offender pleads guilty when there is no aggravating factor, the starting point is about 8 years imprisonment.

There is just too much of this crime being committed in Madang and many town and cities of this country. People are living and moving around in fear of being attacked and robbed. Why should they be.

You come to this Court and ask for mercy and leniency. You showed no mercy of leniency to your victim. You could have only stolen money and left, but no, you were not satisfied with that, because you and your friend then decided to assault him.

The Court has been issuing warnings, and people like you do not listen to warnings. Well the times for warnings are well and truly over.

In your favour, I take note of the fact that you are a first offender, that you pleaded guilty and that you are a first offender and you expressed remorse.

You were drunk and assaulted an innocent man. Whilst I accept that no weapons were used, nevertheless, actual violence was used against an innocent man. You had used money to get drunk and because you have no more money you assaulted and robbed an innocent man of his money.

In the circumstances, I do not accept your lawyer’s submission that the sentence ought to be within the range he submitted. I think your case falls within the starting point, for 8 years imprisonment.

And so you are convicted and sentenced to 7 years IHL. The remand period of 4 months and 4 days is deducted leaving a period, 6 years 7 months and 26 days IHL.
_____________________________________________________________

LAWYER FOR THE STATE : PUBLIC PROSECUTOR

LAWYER FOR THE ACCUSED : PUBLIC SOLICITOR