Man placed on good behaviour bond due to old age

THE Waigani National Court has sentenced a 67-year-old man to two years imprisonment for obtaining K15,000 through false pretence.
However, acting Judge Laura Wawun-Kuvi suspended the term and placed Thomas Tam of Mumundi village in Mendi, Southern Highlands, on good behaviour bond due to his age.
“Tam is 67 years old and his time in prison will cost excessive hardship on him,” she said.
“He would have avoided this problem if he had returned the money in 2008.”
Evidence before the court indicated that Tam obtained K15,000 from the victim by selling his house in Morata, Port Moresby, to him in 2000 and later resold the same house to another person without returning the money.
Acting Judge Wawun-Kuvi said according to the pre-sentence report from probation office, Tam was a first time offender, had no prior conviction and a leader in the community with good reputation.
“He made early confession to the police, pleaded guilty in court and expressed remorse for his action,” she said.
Acting Judge Wawun-Kuvi said sentencing had many purposes including punishing the offender, rehabilitation, specific and general restrictions, communicating clearly that the community and society do not tolerate certain conducts and for community protection in serious offences.
“It is also considered in life that this offence is not a violent offence,” she said.
Acting Judge Wawun-Kuvi said that the victim had occupied the property for seven years but there was nothing in the deposition and the victim’s statement when the victim vacated the house.
“The victim has enjoyed the occupancy of the home and for that, cannot seek to claim restitution,” she said.