Rouvoune v Public Prosecutor [2023] VUCA 42; Criminal Appeal Case 1216 of 2023 (18 August 2023)

IN THE COURT OF APPEAL OF THE REPUBLIC OF VANUATU (Criminal Appellate Jurisdiction)	Criminal Appeal Case No. 23/1216 COA/CRMA
BETWEEN:	Jean Elie ROUVOUNE
	Appellant
AND:	PUBLIC PROSECUTOR
	Respondent

Date of Hearing: 14 August 2023

Before: Hon Justice John von Doussa
Hon Justice Raynold Asher
Hon Justice Oliver A Saksak
Hon Justice Dudley Aru
Hon Justice Viran Molisa Trief
Hon Justice Edwin Goldsbrough

Counsel: E Molbaleh for Appellant
BN Tamau for Respondent

Date of Order: 18 August 2023

JUDGMENT OF THE COURT

Background

1. The appellant, Jean Elie Rouvoune was sentenced on 23 June 2023 and now appeals his sentence.
   
2. Mr Rouvoune pleaded guilty to one count of unlawful sexual intercourse, one count of acts of indecency with a young person and one count of acts of indecency without consent and was sentenced to 3 years and 2 months imprisonment. The sentence was deemed effective from 27 February 2023 to reflect time he had already spent in custody.
   

Appeal

3. Initially Mr Rouvoune filed his appeal notice with two grounds. First that the sentence was excessive and second, that the sentence should have been made effective from 27 December 2022 when he was remanded into custody and not 27 February 2023.
   
4. In exchanges with the bench about his submissions, Mr Molbaleh confirmed that he had abandoned the first ground and will not be pursuing it. In response, the Prosecution conceded that Mr Rouvoune was remanded on 27 December 2022 and not 27 February 2023.
   
5. Had Counsel brought the matter to the attention of the primary judge, it would have been corrected under the “Slip Rule”.
   

Result

6. The appeal is allowed by consent. We also make the following orders:
   
   1. The sentence be recalled for correction.
      
   2. Mr. Rouvoune’s warrant of committal be also recalled.
      
   3. The sentence of imprisonment of 3 years and 2 months is deemed to have commenced on 27 December 2022 being the date of which he was first taken into custody for these offences.
      

DATED at Port Vila, this 18^th day of August 2023

BY THE COURT

Hon. Justice John W von Doussa