IN THE SUPREME COURT
OF THE REPUBLIC OF VANUATU
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(Criminal Jurisdiction)
Criminal Case No. 12 of 2001
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PUBLIC PROSECUTOR
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–v-
Mr. Terry Gardner for the
Prosecution
Mr. Stephen Joel for the
defendant
SENTENCE
Jeffrey Namuli was charged for
Indecent Assault an offence against Section 98 (1) of the Penal Code.
Jeffrey Namuli of Tanna island
that sometimes on the 21stst
of April 2001 his mother sent him to go to the shop and on his way to the
shop he noticed the defendant as he was drunk
and he could smell liquor. He
went close to the defendant and by that time the defendant grabbed him and
he pulled him
into the house. Tasso wanted to run away but the defendant
took him into the house. He than made Tasso lay down, then he put
his penis
into Tasso’s anus. Tasso could not cry out as he was in fear that he will be
assaulted if he shout. By that
time somebody who was looking into the house
saw what was happening. When the defendant realised that somebody was
looking
into the house he than let go Tasso. Later Tasso reported the matter
to his mother and the other person who saw them, also
told his mother of
what he saw. The matter was reported to the police and he was arrested and
brought to the police station
where an interview was conducted and he
admitted what he did to Tasso.
As to prior convn, the
defendant had no similar prior conviction. Ter. Terry Gardner advances that a
deterrent penalty
should be imposed to punish the defendant and also to
deter the public. Stephen for the defendant advances that he is 49 years
old, had 5 children and at that time he committed the offence he was drunk
after drinking kava with friends and later
drank a middle size bottle of
whisky until morning. He was sorry for what he did, he admitted to the
police what he did.
He advances further that even though a sentence of
imprisonment to be imposed there should be some leniency as to the period
that will be imposed. The defendant has spent two weeks in custody.
I prisoner's case the
maximum penalty for the offence under section 98 (1) of the Pena Penal Code is 10
years in jail and this shows that the offence that he has committed is a
serious offence and the Court should impose
a custodial sentence as a form
of deterrence to the society at large and also to punish him for what he did
to Tasso
which was against the law. In his case he indecently assaulted a
male person of the same sex who was 11 years old at that time.
No injuries
caused. Nevertheless, that does not prevent this Court for imposing a
custodial sentence on him as a punishment.
In his case I will impose a
sentence of nine months as a punishment. This period of sentence I consider
to be the appropriate
penalty to measure the seriousness of the crime he
committed. Therefore, the defendant is convicted and sentence to nine months
imprisonment.
Dated at Port Vila, this 10up>
day of May, 2001.2001.
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R. MARE
JUDGE.
