Public Prosecutor v Maltock [2025] VUMC 5; Criminal Case 773 of 2025 (20 May 2025)

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

Criminal Case No. 25/ 773 MC/CRML

PUBLIC PROSECUTOR

V

DENILSON MALTOCK

Date of Sentence: 20 May 2025.

Before: Magistrate Pantutun

In Attendance: Mr. Asang for the Public prosecutor
Defendant: in person

Introduction

1. Mr. Denilson Maltock, you appear before court on 16^th May 2025 for plea and you admitted the facts as you answer “HEMI TRUE”.
2. You appear today for sentencing after pleaded guilty to one count of Malicious Damage to property contrary to section 133 of the Penal Code Act Cap 135.
3. Accordingly, based on your guilty plea and own admission, I convicted you guilty on one count of Malicious damage to property.

Brief facts

Denilson Maltock, on 10^th October 2023 at Vao area, North East Malekula, you intentionally throw a stone against Mitsubishi Vehicle registration No 826 causing damage to the vehicle whom you clearly understand that it belongs to Morgan Buktan.

Relevant law and its penalty

4. The offending is in breached of section 133 of the Penal Codde Act Cap 135.
5. It carries a maximum penalty of one year or, 5,000VT Fine
   
6. The accepted aggravating factors, Mr Denilson Maltock, the offending occur at night and the offending was provoked.
   
7. I take note of your earlier guilty plea, your personal backgrounds and your remorseful for such action and also realizing the wrong you have done.
   
8. Therefore, after hearing the brief facts produced by the prosecution, the court is satisfied beyond reasonable doubt that the facts were undisputed and so convicting the defendant.
   
9. Given the nature of offending, the court order you to pay a fine of 5,000VT and a prosecution cost of 2,000VT.
   
10. Reasons for sentencing
    
    • (a) This sentencing will send message of deterrence for your action and the like offenders from committing such similar offence.
    • (b) Denounce your action for safety of road users and the community.
    • (c) The sentence will also make you realize the wrong of your action and that to show respect to other person property.
    • (d) This sentence will make you understand that damaging property is an offence under penal code Act.
      
11. The defendant has 1 month to pay fine of 5000VT and prosecution cost of 2,000Vt.
    
12. The defendant also has 14 days to appeal from the date of this sentence.
    

DATED at Port Vila, this 20 DAY OF MAY 2025.

BY THE COURT

MAGSTRATE.