Public Prosecutor v Kalpukai [2004] VUSC 26; Criminal Case 038 of 2004 (18 October 2004)

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

Criminal Case No. 38 of 2004

PUBLIC PROSECUTOR

-v-

KALTENIAK KALPUKAI

Coram: Chief Justice Lunabek

Mr. John William Timakata for the Prosecution
Mr. John Stephen for Defendant

SENTENCE

This is the sentence of Kalteniak Kalpukai. He pleaded guilty to Sexual Intercourse with girl under care and protection contrary to Section 96(1) of the Criminal Procedure Code Act [CAP. 135] in count 1 and Unlawful Sexual Intercourse contrary to Section 97(2) of the Criminal Procedure Code [CAP. 135].

The maximum penalty for the offence in count 1 is 10 years imprisonment. The maximum penalty for the offence as charged in count 2 is 5 years imprisonment.

The facts of the case show that the Defendant had sex with his step daughter in early 2002.

This is a case of serious breach of trust of a father to her daughter, wife and family.

This warrants a custody sentence. The starting point is 4 years.

The following are aggravating facts:

1. Defendant started sex with his daughter in early 2002.
2. At the time the victim was 12.
3. She was a virgin.
4. Sex occurred by abusing daughter with use of threats, physical force.
5. Action of sex act repeated.
6. Victim/daughter now pregnant.
   

These facts show that the sentence must be increased to 8 years.

The appropriate sentence is 8 years for count 1. The Defendant pleads guilty. One third of 8 years be deducted. The Defendant makes custom ceremony. A further ⅓ of the balance of sentence be reduced.

The Defendant has spent 2 weeks in custody. This also be deducted in his favour.

The Defendant is sentenced to 5 years imprisonment in respect to count 1 and 3 years for count 2.

The sentences are to be served concurrently. The Defendant is to serve 5 years imprisonment sentence with immediate effect.

DATED AT PORT VILA this 18^th day of October 2004

BY THE COURT

Vincent LUNABEK
Chief Justice