Public Prosecutor v Ricky [2018] VUMC 5; Criminal Case 1667 of 2018 (4 September 2018)

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

Criminal Case No. 18/1667 MC/CRML

PUBLIC PROSECUTOR

V

CLAUDIA RICKY

Date of Sentence: 4th day of September, 2018 at 9:00 AM

Before: Anna Laloyer

In Attendance: Public Prosecutor – Mr. Tamau

Defendant – in person

SENTENCE

1. Claudia Ricky, you are charged with one count of intentional assault contrary to section 107 (b) of the Penal Code Act [Cap. 135].
   
2. It is submitted by the State Prosecutor, that you assaulted the Complainant because she was having an affair with your father. State Prosecution do not argue your submission.
   
3. Having heard your guilty pleas and the Court is satisfied that State Prosecution had established all the elements of this offence beyond reasonable doubt.
   
4. You are a first time offender and you pleaded guilty to the first opportunity given to you.
   
5. Having considered the mitigating and aggravating factors in this case, the Court convict you on one count of intentional assault.
   
6. You shall serve 1 year imprisonment suspended for 2 years as a starting point. A 1/3 of this sentence is hereby reduced for your guilty plea and being a first time offender. The sentence you today is 10 months imprisonment suspended for 2 years.
   
6. You shall pay prosecution fee in the sum of VT2, 000 within 7 days.
   
7. You have 14 days to appeal this decision.
   

DATED at Port Vila, this 4th day of September, 2018.
BY THE COURT

...........................
A.L. Bolen
Acting Chief Magistrate