Public Prosecutor v Kovai [1993] VUSC 18; CRC 043 1993 (4 June 1993)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
HEARD AT LUGANVILLE, SANTO
(NORTHERN DISTRICT)
CRIMINAL JURISDICTION

CRIMINAL CASE NO. 43 of 1993

PUBLIC PROSECUTOR

v

BAKECHILAR KOVAI

CORAM: BEAUMONT, Acting Judge
Hiliary TOA For Public Prosecutor
Heather LINI For Accused

REMARKS ON SENTENCE

The Accused has Pleaded Guilty to two Charges of INDECENT ASSAULT by committing an Act of INDECENCY with five year old girl (PENAL CODE SECTION 98(1)). It is proper to accept the pleas. The Accused is convicted accordingly.

The Accused, now aged seventeen, has admitted the offences which occurred in September last year when he was sixteen. The girl was taken by the Accused to a bush toilet and sexually abused. They live in the same village and were discovered by another child. The Accused ran away but later admitted the offence and another similar offence earlier that month.

It appears that no force was used and that the victim received no physical injury.

However, although this is a first offence and allowing for the discount available to an Accused who admits guilt, the crime is sufficiently serious to warrant a term of Imprisonment. It will also be important that, if possible, the Accused be rehabilitated by an appropriate form of counselling while in Prison.

The Accused is sentenced to Six Months Imprisonment, to commence from 26th May 1993, the date when he was taken into custody.

I recommend that, when in Prison, the Accused receive an appropriate form of Counselling.

Dated this 4th day of June 1993

B.A. BEAUMONT
Acting Judge