Public Prosecutor v Sarperei [1998] VUSC 49; Criminal Case 020 of 1996 (3 September 1998)

IN THE SUPREME COURT OF

THE REPUBLIC OF VANUATU

HELD AT LUGANVILLE/SANTO

(Criminal Jurisdiction)

Criminal Judgement No.20 of 1996

PUBLIC PROSECUTOR

-V-

MAKIO SARPEREI

Coram: Kalkot Mataskelekele - Judge

Clerk: Shirley George

Mr Hillary Toa for the Prosecution

Mr Raynold Liu for the Public Solicitor, for the defendant

SENTENCE

Committed for trial 16.08.96 by Senior Magistrate Jimmy Garae at Luganville.

Arraigned at Supreme Court on 03.09.96 am before me.

Accused in custody since 12.08.96.

Accused pleaded guilty to 2 counts of Unlawful Sexual Intercourse to section 97(1) of Penal Code Act.

Accused age 17 years.

Complainant: Age about 10 years at time of incident.

Name: Violet Velevu or Jeleru.

Status: In class 3 Mataloi Primary School (French Stream).

Incident: Unlawful Sexual Intercourse 2 times at separate times during March 1996.

Accused made statement to police on 12.08.96 that the complainant agreed to section 1.

Complainant wanted matter to come to court.

Complainant's father wanted matter to come to count.

Law: section 97(3) - No defence to charge that the girl consented.

Sentence:

(1) Imprisonment for one (1) year, suspended for 3 years effective from today 3.9.96.

(2) Pursuant to CPC, take into account customary settlement, (order) that accused pays the pig that was decided in custom court by Chief Oulili of Vutkarato. Pig paid to complainant before 31.12.96.

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

(4) (Order) vt5,000 Prosecution costs - Pay before 31.12.96.

(5) Court 2 + 3 hemi concurrent sentence with count 1.

DATED at Luganville this 3rd day of September, 1998.

KALKOT MATASKELEKELE

Judge of the Supreme Court