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State v Puma [1998] PGDC 22; DC45 (17 December 1998)

Unreported District Court Decisions

[1999] PNGDC 6 - STATE V SAM PUMA

[1999] PNGDC 6

PAPUA NEW GUINEA

[DISTRICT COURT OF JUSTICE]

NO 561 OF 1998

PARTIES:� THE STATE

INFORMANT

V

SAM PUMA

DEFENDANT

Madang

Bidar PM

16-17 December 1998

CRIMINAL LAW � Stealing � Simpliciter � Plea of Guilty � Criminal Code Act (Ch262) s372(1).

CRIMINAL LAW � Sentence � Stealing � total amount involved K15,085.66 necessity for deterrent sentence for protection of community � General Principles.

Cases Cited

Criminal Code Act (Ch262) s372, Criminal Justice (Sentence) Act

Representation

Counsel/Representative

Informant:� Mr M Ruarri

Defendant:� Appeared in person

Lawyers/Representative

Informant:� Public Prosecutor

Defendant:� Appeared in person

17 December 1998

BIDAR PM:

N1>[1]����� The defendant pleaded guilty to stealing a total sum of Fifteen Thousand Eighty-Five Kina and Sixty-six toea (K15,085.66), the property of BHP Steel Pty Ltd. The following Reasons were delivered on sentence.

N1>[2]����� SAM PUMA, you pleaded guilty to an information charging you that, on 14 May 1998, at Madang, you stole fifteen thousand eighty-five kina and sixty-six toea (K15,085.66) in cash and cheques, the property of BHP Steel Building Products (PNG) Pty Ltd, an offence contrary to s372 of the Criminal Code Act (Ch262).

N1>[3]����� The prescribed penalty under s372(1) of the Criminal Code Act is imprisonment for term not exceeding three years.

N1>[4]����� For purposes of sentence, these are the facts circumstances of the offence:

N1>[5]����� Prior to the commission of the offence, you were employed as general cleaner and handyman by BHP Steel (PNG) Pty Ltd at Madang. You have been working for the last three years before the commission of this offence.

N1>[6]����� On the date of the offence, you left your house around 6.00 or 6.30 am as usual and went to the Manger's residence where you obtained office keys. You opened the office and performed your normal duties. Whilst sweeping the office, you noticed one of the drawers to accounts Clerk's desk was partly open. You pulled the drawer and found cash box containing cash and cheques which you took. The money you took totalled K15,085.66 cash and cheques. It seems that on that same day, you fled to Lae with the money. You spent the cash which amounted to K5,600.00 for your own purposes. You remained in Lae until you were arrested by Police in September 1998. Only two cheques were recovered. One for K3,478.22 and the other one for K89.41.

N1>[7]����� The reason you offered for stealing was that, you and others were paid only K90.00 to K105.00 a fortnight. You were required to work over weekends as well. You say this was not sufficient for your needs. The Company is a well established one and should afford to pay more in wages and salaries.

N1>[8]����� There is no doubt that stealing and related property offences are continuously on the rise here and elsewhere in the Country. Courts are constantly required to impose sentences for purposes of deterrence and protection of community and its property. Despite imposition of stringent sentences by Courts, the community still suffers loss of property through theft, serious violence used on many occasions to steal, and to rob. Despite negative aspects of sentence, I must sentence you based on the facts and circumstances of your case which I have referred to.

N1>[9]����� In considering your sentence, I take heed of factors which are in your favour as well as those against you. In your favour I take these mitigating factors into account. You have pleaded guilty to this prevalent offence, which to show your remorse. You have repeatedly expressed remorse in your allocutus and you assured this Court that you will not re-offend. You are a first offender. You have not been in trouble before. I also take into account that portion of money you stole has been recovered and that the company was not totally deprived of its money.

N1>[10]��� As far as your antecedents are concerned, you are a married man, as you say, with two wives. One of your wives lives in Goroka whilst the other is with you, at least, prior to your arrest at Lae. You have three children who now live with their mother at Three Mile, Lae. When you were arrested, you left your family with only K37.00. At the moment, you do not know how they are doing. You are concerned about one of your wife's health, and she has an enlarged spleen and cannot engage on heavy work.

N1>[11]��� I consider that those consequences are natural consequences for committing an offence as this. I do not consider those consequences are amounting to mitigating factor.

N1>[12]��� As against you, the amount of money involved is quite substantial. Only small portion of it was recovered. The cash totalling more than K5,000.00 you spend for your own purposes, which in your circumstances is difficult to make good.

N1>[13]��� The task of arriving at an appropriate sentence is a difficult one. Sentencing is not an art nor is it a science. Court takes into account various factors and circumstances including deterrence and protection of community (society) and its property. The basic proposition for criminal law is to punish offenders for protection of community. There are alternatives to traditional or conventional forms of punishment, such as probation, community work orders or bond.

N1>[14]��� In your case, you beg Court's mercy to consider probation or bond. I consider those options are inappropriate in your case. Even if I consider probation and require you to make good the money you stole and used, it is my view, that you do not have the capacity to make good such large amount of money.

N1>[15]��� Having considered all the factors, I have referred to and all the circumstances of the offence, I conclude that sentence of imprisonment is appropriate. I therefore, convict the defendant and sentence him to imprisonment for a period of eighteen (18) months in hard labour. Pursuant to the provisions of Criminal Justice (Sentence) Act, I deduct two and half months for period spent in custody. The prisoner is to serve the balance or fifteen (15) months and two weeks in hard labour. Sentence accordingly.

Lawyer for the State:� Public Prosecutor

Defendant:� Appeared in person