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Kavanamur v Tulavi [2010] PGDC 20; DC962 (9 June 2010)

DC962

PAPUA NEW GUINEA
IN THE DISTRICT COURT OF JUSTICE SITTING IN ITS CRIMINAL JURISDICTION

Ccr No 268 of 2010

BETWEEN:

ELIAS K. KAVANAMUR
Informant

AND:

FRANK TULAVI
Defendant

Lihir: B Tasikul, SM
2010: JUNE 09

CRIMINAL LAW: In possession of dangerous drugs-sec 3(1) (d) –Dangerous Drugs Act-Minimum penalty-appropriate sentence-in addition to sentence court have power to restrict movement of an accused-sec205B –District Court Act

CASES CITED:

Nil

REFERNCES:

Dangerous Drugs Act, s.3 (1) (d)
District Court Act, s, 205B

COUNSEL:
Appearing for the prosecution-s/c Tananga
Appearing for the defendant- in person

DECSION ON SENTENCE

1. B TASIKUL: The defendant 25 years old from Komikum village, Maprik, East Sepik Province pleaded guilty to being in possession of Dangerous Drugs, namely maruajna.
   
2. It is alleged that on the 4th of June 2010 he was at Kul village consuming alcohol with some of his friends. After getting drunk he started acting in a very disorderly manner calling and swearing at people who walked pass him.
   
3. The communities however, turn around and apprehend him and brought him to the police station. He was search at the police station and a substantial amount of maruajna was found in his pocket.
   
4. Upon arraignment the defendant admitted that the drugs were in his possession and he accepted the statement of facts as presented by the prosecution. However, in his explanation he stated that the drugs were given to him by a friend.
   
5. I will not accept your explanation as the offence is clearly spells out that a person who is in his possession dangerous drugs such as maruajna is guilty of an offence.
   
6. Before administering sentence the defendant ask for leniency as he is a first time offender. This is off course will be taken into account. However, before I consider an appropriate sentence let me make a few remarks.
   
7. In the last few months people appearing before this court for offences such as the present cases are mostly outsiders from other provinces. Most of them don’t have any form of employment. What they are doing is selling illegal drugs on the streets and most of them don’t have proper accommodation.
   
8. . Illegal drugs such as maruajna have contributed to the increase of the law and order not only in Lihir but throughout the country. The court must be tough on illegal drugs traders. I think the three months minimum and two years maximum sentence provide by the Act for this offence is too soft. Parliament should amend the Dangerous Act instead of rushing to amend laws that deprives the rights of the citizens.
   
9. If the government is very serious about the law and order problems than this are some of the legislation that should be amended.
   
10. I have noted that you don’t have a proper residence and you are unemployed. People such as you should be sent back to your home province and tilt your land to earn an honest living. I have consulted some of the laws in relation to repatriation of offenders that are found guilty by the courts. One of such Law is the District Court Act.
    
11. Section 205B given this Court the powers to make orders for you to return to your village. This provision however, has never been regularly used by the Courts. I am of view that if we are serious about unemployment people roaming our towns and cities without any good reason should be restricted to return to places where they are convicted of an offence if they are found guilty.
    
12. I therefore find you guilty and sentence you to twelve (12) months imprisonment. In additional to this sentence you are restricted not to return to Lihir Island after you complete your sentence for the next two years.