Public Prosecutor v Neprei [2005] VUSC 100; CRC 004 2005 (12 August 2005)

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

SC No. 04 of 2005

PUBLIC PROSECUTOR

VS.

WILLIAM NEPREI

Coram: Mr Justice Oliver A. Saksak
Mrs Anita Vinabit – Clerk

Mr Rexton Langon – For Public Prosecutor
Mr Jacob Kausiama – For Defendant

12th August 2005

SENTENCE

Five counts of Unlawful Sexual Intercourse contrary to section 97(2) and 1 count of Incest contrary to section 95(1)(a) were initially laid against you. Counts 1, 2 and 3 were withdrawn by the Prosecutions against you. You pleaded guilty to Counts 4 and 5: Unlawful Sexual Intercourse and to Count 6: Incest.

The maximum penalty for unlawful sexual intercourse under section 97(2) is 5 years imprisonment. The maximum penalty for incest under section 95(1)(a) is 10 years imprisonment.

The factors that make your offending serious are:-

(1) the age of the Complainant who was then 14;

(2) the girl is your own daughter and you impregnated her giving birth to a baby daughter. By your actions you breached a trust she had on you as her father;

(3) the offending was repeated more than one occasion;

(4) the offending took place within the security of the family home;

(5) the fact that the Complainant was stopped from telling;

(6) the fact that you are a mature father.

In mitigation the Court considers these factors:-

(1) That you have performed customary ceremony witnessed by your chiefs on 6^th July 2005;

(2) That the performance of custom ceremony is an indication of your remorse;

(3) That you are a first offender.

In sentencing you the Court follows the sentencing principles laid down in the case of Public Prosecutor v. Keven Gideon, Criminal Appeal Case No. 3 of 2001.

I therefore sentence you as follows:-

1. For Unlawful Sexual Intercourse – Count 4 – 4 years imprisonment

2. For Unlawful Sexual Intercourse – Count 5 – 4 years imprisonment

These sentences are to be served concurrently making a total of 4 years = 48 months.

3. For Incest – Count 6 – 5 years imprisonment. This sentence will be served consecutively with the 4 years for counts 4 and 5 above.

In total you will serve an imprisonment term of 9 years = 108 months. However 1/3 of this term are deducted having considered the mitigation factors put forward on your behalf. That means that 4 years or 48 months are deducted from the total of 9 years or 108 months. The balance you will now serve in prison are 5 years or 60 months.

You will begin serving these 5 years in jail immediately.

This high penalty is imposed to deter you and others from offending in future.

DATED at Luganville this 12^th day of August, 2005.

BY THE COURT

OLIVER A. SAKSAK

Judge