Public Prosecutor v Allan [2018] VUMC 15; Criminal Case 1643 of 2018 (12 June 2018)

IN THE MAGISTRATES COURT OF THE REPUBLIC OF VANUATU (Criminal Jurisdiction)

Criminal Case No. 18/1643 MC/CRML

PUBLIC PROSECUTOR

V

ENGEL THOMAS ALLAN & SCHOLFIELD ALEXANDER J BLAKE

Date of Sentence: 12^th of June 2018

Before: Fsam

In Attendance: Thompson_T for the State

Nalyal_E for the Defendants

Copy:

Titus Thompson of The State Prosecution’s Office, Edward Nalyal of Nalyal & Partners, Port Vila, The Immigration Department, Port Vila, Defendants.

SENTENCE

UPON HEARING Both Counsels, and Defendants today,

AND UPON CONSIDERING the circumstances and factors relating to the defendants and their offending,

AND UPON BEING SATISFIED the Prosecution has satisfied all the elements of the offence against the defendants, in relation to Count 1 of Disruptive or alarming action at an airport C/- S 5(1) (c) of the Aviation Security Act # 10 of 2007,

THE COURT HEREBY Convicts both Defendants accordingly,

AND SENTENCES both Defendants to Pay Fines as follows:

1. That you Mr Engel Thomas Allan shall pay a Court Fine of VT20,000 within the next 14 days.
   
2. That you Mr Scholfield Alexander J Blake, shall pay a Fine of VT5000 as court Fine within the next 14 days.
   
3. That Both Defendants shall pay a Prosecution Cost of VT1000 in addition to the court fines.
   
4. That Defendants have right to appeal this sentence within 14 days if you both are not happy with it.
   

THE COURT FURTHER ORDERS that the Immigration Department immediately releases the Defendant’s passports into the custody of the Magistrate’s Court Registry until Fine payments have been met and same could be released to the Defendants accordingly

DATED at Port Vila this 12th day of June, 2018.

BY THE COURT

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Magistrate