Public Prosecutor v Collin [1998] VUSC 96; CRC 027 1998 (5 November 1998)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Criminal Jurisdiction)

CR No. 27 of 1998

PUBLIC PROSECUTOR

v

GEORGES COLLIN

Public Prosecutor for the State
Public Solicitor for the Defendant.

SENTENCE

The defendant pleaded guilty to the offence under section 98 (1) of the Penal Code Act for indecent assault. On the 7h August, Esther Selwyn and Selina Pierre age 6years each were playing and the defendant asked them to go to his house. In the house the defendant was then naked. He then told them to take off their pants and he started to hold their respective vagina and they also touched his penis. He told them to suck his penis which they did. He also licked their vagina and pushed his penis between their legs and he then ejaculated. The defendant gave reason why he did that was because the two girls saw his torn trousers in the sea while diving and further more the family use to steal his fowl and also steal from his garden. As he was ashamed of these two girls who were laughing about him so he did that to them. This is ridiculous and unacceptable attitude. These reasons do not convince me at all, further those reason are not excusable reasons in law.

These children are of very young age, that is 6 years old each. The defendant took advantage of their youthfulness and ignorance over sex to satisfy his sexual desire. Why pick on 6 year old children? It only take a very very sick minded person to do such unacceptable act.

What the defendant did was quite very very serious and it could result to death if he had gone further than that; but luckily he did not.

I will impose a protective and deterrence sentence in ensuring the safety of many young girls of this age and also to deter others who may want to do the same thing.

I consider that you have a wife and ten children, but how will your wife and children feel in you doing such action. I also consider that you pleaded guilty to the charge, saving the small girls to come to Court and explain what has happened. As submitted by your counsel that you seek to make compensation to them for what you did. In view of such application, compensation will not compensate what you have done to these two small girls. Further more I do not see this type of offence as to warrant any compensation. The maximum penalty for this offence is ten years imprisonment and in your case I will impose a sentence of thirteen months as the appropriate penalty. Period in custody has been taken into account on the sentence.

DATED AT PORT VILA this 5^th November 1998.

R. MARUM MBE

Judge

Mrs. Kayleen TAVOA for the Public Prosecutor
Mr. Reynold LIU for the Defendant