Public Prosecutor v Paul [1998] VUSC 70; Criminal Case No 064 of 1997 (8 October 1998)

IN THE SUPREME COURT OF

THE REPUBLIC OF VANUATU

HELD AT LUGANVILLE/SANTO

(Criminal Jurisdiction)

Criminal Case No.64 of 1997

File No. 9/97

PUBLIC PROSECUTOR

-VS-

KEWAKUMALA PAUL

Coram: Mr Justice Oliver A Saksak

Mr William Falau - Clerk

Counsel: Mr Bill Bani Tangwata for Public Prosecutor

Mr Saling Stephens for the Defendant

ORAL VERDICT

The Defendant has been in custody for 13 months and 6 days today. He has been dealt with in custom where he was fined 5,000vt and a pig. Under section 119 of CPC Act, this court takes that customary reparation into account.

The defendant cooperated with the Police and he pleads guilty this morning after receiving proper legal advices to save a lengthy and unnecessary trial with costs. The defendant is a first offender. It is without doubt he has committed a serious offence but which in my opinion he has been adequately punished.

In the circumstances this is a case where it is appropriate for the court to resort to section 43(4) PCA [CAP.135]. The Defendant is hereby convicted and a conviction is accordingly entered. Having served 13 months and 6 days, which period shall be deemed the defendant's term of imprisonment for this offence, the Defendant is accordingly discharged as from today.

Dated at Luganville 8th day of October, 1998.

BY THE COURT

OLIVER A SAKSAK

Judge of the Supreme Court