Case Brief: State v Ampalavio [2024] PGNC 394 Case Metadata Citation: State v Ampalavio [2024] PGNC 394; N11066 Court: National Court of Justice of Papua New Guinea (at Bomana) Date of Decision: 1 November 2024 Presiding Judge: Berrigan J Counsel: J. Batil for the State; J. Kolowe for the Offender 1. Factual Background The Offender: Francis Ampalavio, a 43-year-old Lending Sales Officer employed by BSP Financial Group Ltd at the Harbour City Branch in Port Moresby, with eight years of service. The Offence: On four separate occasions between 5 August and 10 September 2021, the offender used his workstation computer to log into the bank's Integrated Comprehensive Banking System (ICBS). He accessed and extracted confidential customer file numbers, card numbers, and expiry dates for four bank customers: Xiana Trading Limited, Jerry Agus, Pape Accountants & Business Advisors, and Hannah’s 18 Construction. The Operation: He texted these details via mobile phone to an accomplice ("Elizah" or "Eko"). Eko used skimming devices to duplicate the bank cards and withdrew a total of K144,679 across the four accounts via ATMs and EFTPOS machines in Port Moresby. Personal Gain: The offender received a total of K500 on two occasions, but otherwise did not benefit from the stolen funds. He admitted the offences immediately during police interviews and pleaded guilty at the earliest opportunity. 2. Charges and Statutory Provision Offence: Four counts of unlawful disclosure contrary to Section 25(1) of the Cybercrime Code Act, 2016. Maximum Penalty: For a natural person, a fine not exceeding K20,000, imprisonment for a term not exceeding 15 years, or both. 3. Key Legal Principles & Sentencing Framework As this was the first time an offender was sentenced under Section 25(1) of the Cybercrime Code Act, Berrigan J established foundational sentencing guidelines for unlawful disclosure offenses in Papua New Guinea: Purpose of the Offence: Designed to protect individuals, the community, and the State from potential harm when confidential communications or sensitive digital data are unlawfully disclosed in an increasingly digitized economy.