Public Prosecutor v Citangtang [2000] VUSC 75; Criminal Case No 596 of 2000 (5 December 2000)

IN THE SUPREME COURT OF

THE REPUBLIC OF VANUATU

(Criminal Jurisdiction)

Criminal Case No. 596 of 2000

PUBLIC PROSECUTOR

-V-

KALTO CITANGTANG

Coram: Mr. Justice Oliver A. Saksak

Mrs Anita Vinabit – Clerk

Inspector Wilson D. Garae for Public Prosecutor

Defendant appear in person unrepresented.

SENTENCE

The defendant first appeared before me on 20^th October, 2000 and pleaded not-guilty to rape but pleaded guilty to unlawful sexual intercourse with a girl under care and protection contrary to section 96(1) of the Penal Code Act [Cap. 135]. (the Act)

Mr. Hillary Toa appeared for the defendant on that date but he is not available today and I am told that he cannot come to Luganville due to shortage of funds in his office . The Court therefore decide to proceed in his absence when Inspector Garae informs the Court that the Prosecutions was withdrawing the charge of rape against the defendant .

As to the charge of unlawful sexual intercourse with a girl under care and protection, the defendant pleaded guilty . He admits that the girl was living with him and his wife for about one year when the incident happened . He made admission statements to the Police on 5^th Otober, 2000 . According to his own version of facts the girl had been abusing him and that she had no respect for him . These made him have bad thoughts about her and led him to do what he did .

The defendant has been in custody for two months now since 5^th October, 2000 . Yesterday when he appeared he told the Court that a custom ceremony was held between his father and the relatives of the victim of his actions on Sunday 3^rd December . The following items were offered to the relatives of the girl :-

(a) 1 live pig

(b) 2 trunks of kava

(c) VT 20.000 in cash

(d) A pledge of a further 100 trunks of kava still to be harvested.

Mr. Citangtang Senior was in Court and he confirmed that this ceremony in fact took place .

I am told by Inspector Garae that in 1986 in the Senior Magistrate’s Court the defendant appeared on a charge of a unlawful sexual intercourse . He was imprisoned for two weeks.

In considering sentence I took into account –

(a) the customary ceremony, and

(b) the defendant’s plea of guilty .

Due to the defendant’s previous convictions for a similar charge I consider that a sentence of imprisonment is necessary . I therefore sentence the defendant to 5 months imprisonment .

I Order that the two (2) months he has already spent in custody be accordingly deducted from the 5 months . That means he has a balance of 3 months to serve.

Dated at Luganville this 5^th day of December, 2000 .

BY THE COURT

OLIVER A. SAKSAK

JUDGE