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Kila v Kisa [1997] PGDC 13; DC22 (14 October 1997)

Unreported District Court Decisions

[1997] PNGDC 17 - KORA KILA V MARTIN KISA

[1997] PNGDC 17

PAPUA NEW GUINEA

[DISTRICT COURT OF JUSTICE]

CASE NO. 3351 OF 1997

KORA KILA

INFORMANT

V

MARTIN KISA

DEFENDANT

Boroko

Manuhu M

14 October 1997

CRIMINAL LAW - carrying weapons - sentencing - offence serious and prevalent - inability of defendant to pay fine.

Counsel

Joseph Gos for the State

Martin Kisa in person

JUDGMENT ON SENTENCE

14 October 1997

MANUHU M:� I have convicted you� on one count of carrying weapons thereby contravening Section 12 of the� Summary Offences Act, Ch. No. 264 (the Act).� In considering sentence I take into account that you have pleaded guilty thereby saving time for the Court as well as Police if the case had proceeded as a trial.�� The offence, however, is serious.� Offences of this nature, that is to say, those involving firearms, are committed mostly by persons of your age group.� It is a prevalent offence.� Residents of Port Moresby in particular have been warned that criminal activities� are on the rise.� The number of armed robberies in Port Moresby has risen.� City residents are generally living in fear of people like yourself.

I am of the view that the courts must now take� a stand that would be able deter people like yourself and others from committing similar offences.� If unlicenced firearms and ammunitions, including homemade shotguns, can be eradicated people would feel safe and free.� That is not the case now.

For the purpose of this case, I have gone through the entire Act and have discovered that the offence of carrying weapons is one of the two most serious offences.� Sections 9 (Inciting to fight) and 12 are the only offences that carry the highest fine of K800.00 and the highest imprisonment term of 4 years.� In a way, the politicians view this offence as more serious than possession of dangerous drug which maximum penalty is 2 years.

Taking all the above matters into account, I would like to impose a fine of K400.00 which is one half of the maximum fine but since you are unemployed and, therefore, unable to pay for such fines, I will send you to jail for one half of the maximum imprisonment term.� You are sentenced to two (2) years with hard labour.

Sentenced accordingly.