Public Prosecutor v Baongon [1996] VUSC 16; Criminal Case 022 of 1996 (4 September 1996)

IN THE SUPREME COURT OF

THE REPUBLIC OF VANUATU

HELD AT LUGANVILLE/SANTO

(Criminal Jurisdiction)

Judgement No.22 of 1996

PUBLIC PROSECUTOR

-V-

AUGUSTINE WORWOR BAONGON

Coram: Kalkot Mataskelekele

Clerk: Shirley George

Mr Hillary Toa for Prosecutor

Mr Raynold Liu, Public Solicitor for defendant

SENTENCE

Committed for trial 16.8.96 by by Senior Magistrate Ga/span>

Arraigned at Supreme Court this afternoon 02.09.96 before me, when accused pleaded guilty to 3 counts of Indecent Assault contrary to section 98(1) of Penal Code Act. First incident in August 1995, second incident in November 1995 and Third incident in February 1996.

Accused has been in custody since 12.08.96.

Accused - From Ambrym, born at Aore Island.

- Age 43 years.

- Married for 23 years

- 6 children - 1 @ INTV

- 2 @ College de Santo

- 2 @ Ecole que, Santo

- now working at Raoul'a joinery.

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Complai- 12 years

- still at school - SDA Sarakata School

- Mother a housewife

- Father working

Defendant made statement when interviewed by police on 13.08.96. He admitted the wronspan>

Defendant in order to perpetrate the assaults at one time lied to the girl that the girl's mother had given permission. But this girl's mother had made a strong complaint and asked the court to give proper punishment to the accused.

Law: 98(1) - in section called 'offences Against Morality' section 90-101.

Maximum penalty 10 years.

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SENTENCE

1.  p; smprintnment for 5 y years.

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2. &nnbsp;;&nbssp;&bsp;&nbs;&nbs; Order: Recomto authoauthority defendant not to be released for good behaviour or pardoned un s served at least 3 and half years imprisonment.

3. ; &nDsp; dafento p to pay y prosecrosecutions costs of vt10,000.

4. & p; &nsp; &nsp; Concurrent nce.e/span>

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> DATED at Luganville thh day of September, 1996.

KALKOT MATASKELEKELE

Judge