IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
HELD AT LAKATORO / MALEKULA
(Criminal Jurisdiction)
ass="MsoNoMsoNormal" align="center" style="text-align: center; margin-top: 1; margin-bottom: 1">
Criminal Judgement No. /96
ass="MsoNoMsoNormal" align="center" style="text-align: center; margin-top: 1; margin-bottom: 1">
PUBLIC PROOR
lass="MsoNoMsoNormal" align="center" style="text-align: center; margin-top: 1; margin-bottom: 1">
-VS-
JOEL VINBEL
Coram: Kalkot Mataskelekele -
Judge
Clerk: Anita Simon
Mr Hillary Toa for the
Prosecution
Mr Stephen Joel, Public
Solicitor, for the defendant
SENTENCE
On 18 October 1996, the
defendant of Leviamp, North West Malekula, representedhe Public
Solicitor, tor, was arraigned
before me. The defendant pleaded guilty to one
count of Attempted Rape contrary to section 28 and 91 of the Penal Code, and
not guilty to a count of Indecent Assault contrary to section 98(2) of the
Penal code, and not guilty to a count
of Malicious Damage to property
contrary to section 133 of the Penal Code.
November, 1996, the date
of the trial Mr Hillary Toa for Prosecution informed the cohe count that the
complainant was
ill and that consequently he had decided to withdraw the
second and third counts of charges against the defendant and to proceed
only
on the first charge to which the defendant had pleaded guilty.
The initial report to the
police aboe incident the subject of the allegation and charge was mads made
by John Bill Nechabi
of Leviamp, father of the complainant. The complainant
and her mother also made statements to the police.
The facts and brief. In
February 1996 on anecified day at about 7.00 O'clock in the morning,
the the defendant was walking
at Leviamp village, North West Malekula, to the
sea when he saw the complainant Nancy John Bill going into the toilet house
of her parents. The defendant went towards the toilet and called out of the
complainant inside while trying to open the
door of the toilet.
class="MsoNoMsoNormal" style="margin-top: 1; margin-bottom: 1">
In his signedement to the
police on 24 September 1996, the defendant said:
"Follem report blong
ainant we hemi go againsem mi some time long number 24 Jun Jun 1996 mi
sometime long number
24 Jun 1996 abaut 10.00 hrs, mi wandem nomo blong talem
aut long place ia long statement blong mi, se hemi relly tru we mi
bin go
wandem blong mekem trabol wetem Nancy John Bill."
By his own admission therefore
the defendant intended to have sexual intercourse the complainant.
<
In his statement to the police
the defendant admitted fondling the complainant's breasts and pushing his
hand into the
complainant's vaginal area and touched her vagina. At that
point the complainant struggled free from the defendant's grasp
and ran
inside the house. As a result of the complainant freeing herself, her skirt
was torn by the defendant who was
holding on to it.
class="MsoNoMsoNormal" style="margin-top: 1; margin-bottom: 1">
Rape is one of the most serious
crimes written in our laws. It's maximuishment is imprisonment fort for
life.
The maximum punishment for
attempted rape is also imprisonment for life.
ugh the defendant pleaded
guilty to a charge of attempted rape, it appears that his ihis intentions were
not carried to
an advanced stage where penetration or actual rape be said to
be imminent.
Having said that I must
reiterate tunt's concern that rape and attack on women is a crime that that
must be stopped. Men
and boys have no right whatsoever to molest or infringe
the freedom of women and girls to live and move freely without fear
of harm.
From the above the coun imposes the following sentence:
Imprisonment for 18 months
suspended for 2 years from todayl 2 years from today until ntil 27 November
1998.
Order: &nnsp;&&nsp;;&&spsp; b (1) Pay Nancy ancy John Bill vt1,000 for damaged skirt.
&nb"> <
/p>
/p>
(2) Pay vt2,500 for
Prosecution costs.
DAT Luganville, this 27th
day of November, 1996.
Judge
