Public Prosecutor v Marango [2002] VUSC 7; Criminal Case No 006 of 2002 (14 February 2002)

IN THE SUPREME COF

THE REPUBLIC OF VANUATU

Criminal Case No.06 of 2002

PUBLIC PROSECUTOR

–v-

STANLEY MARANGO

ass="MsoBoMsoBodyText" style="margin-top: 1; margin-bottom: 1"> Coram: R. Marum J. MBE

ass="MsoBoMsoBodyText" style="margin-top: 1; margin-bottom: 1"> Mr. Eric Siba for the Prosecution

Mr. Kiel A. Loughman for the Accused

SENTENCE

The defendant was charged for the offence under Section 96 (a) of the Penal al Code, for having sexual intercourse with his stepdaughter. The maximum penalty for such offence is 10 years imprisonment. Leisau is his stepdaughter was born to a relationship between her mother, now married to the defendant, and another person from Tanna. The girl was 18 years old at that time the act of sexual intercourse took place, and now she is pregnant, while the defendant had three children to the present marriage. No evidence that they were living a de facto relationship as advanced by the defendant’s counsel, after all they had children. In village community, to live together for a long time and have children, there is no such thing as de facto relationship. As in village society, de facto relationship is not known to exist. Once a man and woman live together and have some children, they are accepted as married. De facto relationship should be left to the Western community.

The wife is asthmatic patient. This did not give excuse to the defendant to have sexntercourse with his step-daep-daughter, and the law prevents that.

In sentencing, I will impose a custodial sentence as oppo any other form of sentence. This is to ensure that withinithin family unity as in this case, sexual intercourse should not be practice. Furthermore, to ensure that life of girls under this category are protected until marriage for their future lives.

I will sentence the defendant to 11 months imprisonment. Period of 2 weeks in custody be deducted and he shall serve a period of 10 months 2 weeks. The sentence could have been higher than this, however the court took into consideration the fact the girl at this age was matured enough to refuse given the fact that the defendant was her step father. She is partly responsible to what she is now, as in this case the law only punishes the man for the wrong that the law prevents in sexual intercourse between stepfathers and daughters. It is a reminder to the defendant that when you finish your term and do the same thing you might get a much heavier penalty than this. The reason why I have to warn you in advance is that when you finish from jail you will go and still live together as a family, and the risk is that you might want to repeat what you are now punish for.

lass="MsoNoMsoNormal" style="text-align: justify; margin-top: 1; margin-bottom: 1"> In sentencing, I would also praise the chiefs in doing their normal and customesponsibilities by reportinorting the matter and encourage chiefs to assist the police, as the police cannot be available all the time in each village, by reporting crimes of a serious nature as this.

Dated at Port Vila, this 14 day of February 2002.

R. MARUM MBE

JUDGE.