Public Prosecutor v James [1998] VUSC 74; Criminal Case No 191 of 1998 (16 October 1998)

IN THE SUPREME COURT OF

THE REPUBLIC OF VANUATU

HELD AT LUGANVILLE/SANTO

(Criminal Jurisdiction)

Criminal Case No.191 of 1998

File No. 7 of 1998

PUBLIC PROSECUTOR

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SEULE JAMES

Coram: Mr Justice Oliver A Saksak

Miss Cynthia Thomas - Clerk

Counsel: Inspector Wilson Garae for Public Prosecutor

Mr Hillary Toa for the Defendant

SENTENCE<

The Dant appears today before me on two charges of rape contrary to section 91 and unlawfulawful sexual intercourse contrary to section 97(2) of the Penal Code Act [CAP.135].

The Prosecution makes application to withdraw the charge of rape at the Defendant and that at charge is accordingly withdrawn.

The Defendant is re-arraigned with respect to the uul sexual intercourse. He pleads guilty.

ass="MsoNoMsoNormal" style="margin-top: 1; margin-bottom: 1"> The facts as alleged and presented by the Prosecution are that on 6th Febr1998 at PRV Plantatiotation, Norsup, Malekula the Defendant had sexual intercourse with Hervelyn Lite, a girl of 14 years. It is established by documentary evidence that she was born on 4 December 1983. The incident took place at night at or about 7.30 O'clock. The complainant was accompanied by one Martha Worwor who made statement witnessing the incident. The Defendant clearly admitted in his statement to the police that he did have sexual intercourse with the girl. He knew she was still at school but he did not know she was only 14 years old.

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I am told by Counsel for the Defe that he is a first-offender. He is the only surviving son son of a mother of two sons, one of whom died earlier this year by drowning. I am told that his mother is longing to se her son in order to assist

her build their house on Tongoa sland the materials of which she has purchased. I am told told that the Defendant is remorseful and has given an undertaking that he would not repeat his action. For these reasons the Defendant pleads for leniency.

I consider those factors in sentencing this Defendant but I must re-iterate that unlawful sexual intercourse wise with a girl underage is a serious offence. It carries a maximum of 5 years imprisonment.

Having considered all these, I convict the Defendant and see him to a total of 11 mont months imprisonment. I Order that the 8 months he has already spent in jail awaiting hearing be deducted from these 11 months. That means in effect that the Defendant has a balance of 3 months imprisonment to serve.

DATED at Luganville this 16th day of October, 1998.

BY THE COURT

OLIVER A SAKSAK

Judge of the Supreme Court