Punishment for crime a must

 PEOPLE who commit crimes should not be allowed to avoid punishment. 

A national court judge says offenders are inclined to use personal reasons in order to seek leniency from the court and circumvent jail time but this is no excuse.

Justice Panuel Mogish highlighted this last week at the Kokopo National Court when sentencing a rapist to four years for two counts of sexual penetration.

“I have said this on many occasions that before a person commits an offence, he must first consider the interest, welfare and well-being of his family and his personal circumstances,” Justice Mogish said.

“He cannot blame anyone for his predicament before he embarks on a path of crime. He committed the offence alone and so must face the consequences alone.”

Another rape case saw an offender sentenced to seven years for the abuse of a minor. The 22-year-old who committed the crime pleaded with the court for a suspended sentence on medical grounds.

Justice Mogish would have none of it, telling the defendant that he should have carefully considered his family and health before committing the crime.  

Sexual crime must be dealt with severely in every instance. Crimes of this nature are more to do with a spur of a moment act than a calculated course of action. 

Offenders are usually opportunists who take advantage of a situation; nevertheless, these are serious crimes and should be punished accordingly.

Corruption and the abuse of power, including the misuse of public money by those in positions of authority, are inexcusable.

Papua New Guinea is considered one of the least developed and most corrupt countries in the world and regularly scores poorly on social, governance and health indicators. It has earned a reputation as a nation with a crime problem.

Violent and white collar crimes are problems society is trying to deal with and part of the effort is for the reinforcement of the attitude and mentally that when you commit a crime you must pay. The courts are right to sentence people to years in jail for sexual and violent crimes such as murder. That is a given. 

The message must be clear – that you cannot injure or hurt anyone and hope to evade the lawful process by paying restitution or settling things in a customary or traditional way. That mode of thinking has no place in modern PNG.

In terms of corruption and the theft of public money the courts must not drop the ball. If anything, this crime is a bigger problem than the aforementioned crimes because it has far-reaching consequences for the country. This crime is a premeditated act committed by people clearly in control of their senses and with a self-serving aim in mind. 

The misappropriation of state money for personal benefit or for use outside the parameters for which the money is intended is criminal. There can be no two ways about it. These people are no better than thieves and robbers and should be treated as such.

Several members of parliament and public servants have been charged with corrupt practices and duly sentenced for their misdeeds.

Some of these men have asked the court for leniency and to excuse their actions claiming a range of excuses from an ignorance of the processes and mechanisms in place for the use of the money; pressure from their constituency; their genuine aims for the money to be used to benefit the people despite it being acquired through dubious means; poor health or the effect incarceration will have on their health and; familial responsibilities.

While there is some sympathy for those such as family members who will be affected when their father or main provider is jailed the blame for this predicament should lie solely with the person who broke the law.

Some have even had the audacity to shift blame minimising their involvement in the crimes and pointing the finger at others.

Others have developed serious medical conditions almost overnight after sentencing. These ploys should be seen for what they are, nothing more than cowardly and pathetic attempts to avoid what is deemed a just punishment for the crime.