Public Prosecutor for the State
Public Solicitor for the Defendant.
SENTENCE
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The defendant Rose Tusi from
Tanna pleaded guilty to the charge that o 23rd September mber
1998 assaulted Martha Silas, an offence under Section 107(c) of the
Penal Code Act. Rose assaulted Martha with a bush knife and cut her three
times on her head. Rose admitted to the investigation officer
Willie that
she intended to kill her as Martha was the person stopping her to do other
things. The medical evidence which
I accept, recorded by Dr. Liu that Martha
Silas had severe injuries of cut.
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1. Head cut about 12 cm deep to
the bone
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2. Head cut about 12 cm deep to
the bone
>
3. Cut to the left jaw about 15
cm and jaw bone brne broken
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4. Middle finger was cut about
6.0cm.
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5. Right middle finger was cut
off.
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6. Left ear cut off.
7. Left ear behind cut about
5.0cm
Martha’s condition was poor as she lost a lot ofd at
the hospital and almost caused her brain injuries.
The victim being the auntie of
tfendant both had lived together. The auntie pretended to beto be the
husband and Rose
being the wife, both of female, and they appeared to be
living together as lesbians, or as properly referred to, as woman living
in
homosexual relationship with another woman. This was from 1996 to 1998 and
until the 23 September 1998 and on the
23rd September 1998 Rose
then attacked Martha with a bush knife and cut her head and body as
explained by the doctor in his
medical report, intending to kill her. The
reason for Rose in attacking Martha was that Martha use to stop her from
doing
other things, as she want to be free to do other things.
The defendant pleaded guilty to
the charge. Ss been a responsible citizen to plead guilty. She had a
a
child to another
man and now she is living together with the child.
This is an act of serious violence against a person with
the element to kill another person, the victim, Martha and it is only
appropriate for the court to impose a deterrence penalty. This is in
ensuring that life is respected. In your case, you
intended to kill Martha
and the blow to the head shows clearly what you intended to do. She lost of
one her finger, she
suffered serious injuries to the head which could easily
damage her brain as explained by the doctor. You used an offensive
and
dangerous weapon, that is a bush knife. For all these reasons, I find good
behaviour bond or caution or even a suspended
sentence would not be an
appropriate penalty and as such a custodial sentence is the most appropriate
penalty for this
offence you committed. For these reasons I sentence you to
eight months imprisonment. Eight months imprisonment as a penalty
is not
very much in comparison as to the injuries caused to Martha. As there are no
claims for compensation against you
in this case, as such case requires
compensation, and due to no claims against you by the victim I make no order
as to
compensation. The period in custody has been taken into account in
sentence.
DATED AT PORT VILA this 5th
Day of November 1998
R. MARUM MBE
Judge
Ms Kayleen TAVOA for the Public
Prosecutor
Mr. Reynold Lr the Defendant<
