Public Prosecutor v Ierogen [2002] VUSC 45; Criminal Case No 011 of 2002 (19 July 2002)

IN THE SUPREME COURT OF

THE REPUBLIC OF VANUATU

(Criminal Jurisdiction)

CRIMINAL CASE No.11 OF 2002

PUBLIC PROSECUTOR

-v-

RICHARD IEROGEN

Coram: Chief Justice Vincent Lunabek

Mr. Daniel Evans for the Public Prosecutor

Mr. Hilary Toa for the Defendant

SENTENCE

On 21 June 2002, you were found guilty and convicted of the offence of Intentional Assault on the body of Heather Ierogen causing damage which results in the death of that person, contrary to Section 107 (d) of the Penal Code Act [CAP. 135].

The maximum penalty imposed by law is 10 years imprisonment.

Although your counsel told the Court that you did not assault Heather, I reject that suggestion. The evidence before me are unchallenged and overwhelming. This is a very serious offence.

I have considered with care your counsel’s submissions on your behalf. I take into account that you are a man of good character and has no previous convictions.

However, I cannot help but think that the evidence in this case against you were compelling in respect to the offence as charged and upon which you are convicted of.

In sentencing you, I bear in mind that it is in the community’s interests that the sentence I impose on you will have a deterrent effect on you, so that you will not re-offend.

I also bear in mind that the kind of sentence to be imposed will serve as a deterrent for others in the community who might be tempted to act violently against a weak person such as a woman as you did.

This case warrants a term of imprisonment. The appropriate sentence is 4 years imprisonment. You have already spent some time in jail, as from 6 January 2002 to 19 July 2002, a total of 6 months an 7 days. The period of 6 months and 7 days shall be deducted from the 4 years period.

The defendant, Richard Ierogen, is sentenced to 3 years and 5 months imprisonment.

14 days to appeal.

Dated at Port Vila, this 19^th day of July 2002.

BY THE COURT

Vincent LUNABEK

Chief Justice.