Public Prosecutor v Garae [1998] VUSC 48; Criminal Case 021 of 1996 (3 September 1998)

IN THE SUPREME COURT OF

THE REPUBLIC OF VANUATU

HELD AT LUGANVILLE/SANTO

(Criminal Jurisdiction)

Criminal Judgement No.21 of 1996

PUBLIC PROSECUTOR

-V-

MOSES GEORGE GARAE

Coram: Kalkot Mataskelekele - Judge

Clerk: Shirley George

Mr Hillary Toa for the Prosecution

Mr Raynold Liu, Public Solicitor for the defendant.

SENTENCE

Committed for trial: 16.8.96 by Senior Magistrate Jimmy Garae at Luganville.

Arraigned at Supreme Court 3.9.96 before me.

Accused pleaded guilty to 2 counts of Unlawful Sexual Intercourse contrary to section 97(1) PCA.

Accused age: Unknown.

Complainant: - 10 years

- Violet Velevu or Jelevu

- Status: class 3 at Mataloi Primary School (French stream)

Incident: Unlawful Sexual Intercourse occurred 2 times at separate occasions in June 1996.

Accused made statement to police on 12.8.96 that complainant agreed to section 1.

Complainant wanted matter to count and as well wanted matter to wire to court.

Law: Section 97(3) - consent of girl no defence.

SENTENCE

1. Imprisonment for 6 months, suspended for 3 years effective from today. Imprisonment to be in away from main prison.

2. Take note of Chief Queili's fine must pay that fine - i.e. 1 pig to girl before 31.12.96.

3. (Order) accused pay vt5,000 costs to Rasu Tamata before 31.12.96.

4. Order vt5,000 Prosecution costs. Pay within before 31.12.96.

5. Concurrent count 2.

DATED at Luganville 3rd day of September, 1998.

KALKOT MATASKELEKELE
Judge