Public Prosecutor v Tokon [2005] VUSC 37; Criminal Case No 330 of 2002 (18 March 2005)

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

Criminal Case No: 330 of 2002
SC No: 21 of 2002

PUBLIC PROSECUTOR

V.

ROGER TOKON
GERALD MARCEL

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

Counsel: Mrs Linnes Moli for the Public Prosecutor
Mr Peter Bartels for the Defendants

Date of Plea: 15th March 2005
Date of Sentence: 18th March 2005

SENTENCE

Both of you have pleaded guilty to two counts of unlawful entry contrary to Section 143 and to theft contrary to Section 125 (a) of the Penal Code Act (CAP 135). You have been charged jointly. In view of your guilty pleas the Court has entered convictions against each of you.

Unlawful Entry carries a maximum penalty of 10 years imprisonment. Theft carries a maximum of 12 years imprisonment. Both of you are currently serving prison sentences imposed by this Court for the same offences committed at the College de Santo, at Frederick Nutley’s residence and at the No. 1 Restaurant. These offences were committed in about the periods of June, July and August 2002. These offences for which you have pleaded guilty were committed in June, before you committed the same offences in July and August.

You have not provided any excuse or reasons why young men like both of you have nothing better to do but prefer instead to break and enter into other people’s property and steal for a living.

The Court has taken into consideration your Counsel’s submissions that -

(a) There has been considerable delays in the prosecution of this case.
(b) These offences were committed first in time prior to those for which you both are currently serving jail terms and therefore that any terms imposed by the Court should be made to run concurrent to your current prison terms.
(c) Neither of you have re-offended simply because you both have been in jail.
(d) Roger Tokon is now a reformed person
(e) Gerald Marcel has learned a big lesson while serving your current term and have expressed your dislike at continuing to serve in jail.

For these factors Mr Bartels has urged the Court to show leniency.

The Court has been lenient to both of you all along. In none of the previous cases has the Court ordered restitution of moneys stolen against both of you. Neither has the Court ordered confiscation of any of your property or belongings. That is something you both should understand and appreciate. When both of you have finished serving your respective terms in jail, what are you both going to do to those people or institutions from whom you have stolen large sums of money to show that you have been sorry and that you are prepared to be accepted back into the community? The Court hopes that you both do not forget the “Vanuatu Way”.

Despite what your Counsel has said, the fact remains that you both have committed very serious criminal offences. You both have bad records. In my view a jail sentence cannot be avoided.

I therefore sentence you both as follows:-

(a) Roger Tokon – For unlawful entry – imprisonment for 12 months.

- For theft – imprisonment of 8 months concurrent.

(b) Gerald Marcel – For unlawful entry – imprisonment for 12 months.

- For theft – imprisonment for 8 months concurrent.

Pursuant to section 39 of the Penal Code Act, I order that these sentences be served concurrently with your current terms of imprisonment.

DATED at Luganville this 18^th day of March, 2005.

BY THE COURT

OLIVER A. SAKSAK
Judge.