Public Prosecutor v Carlo - sentence [2005] VUSC 91; CRC 025 2005 (12 July 2005)

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

CRIMINAL CASE No. 25 of 2005

PUBLIC PROSECUTOR

-v-

EVELYN CARLO

Coram: Chief Justice Vincent Lunabek

Counsel: Mr. Hillary Toa, the Public Prosecutor (Acting) for the Prosecution
Mr. Silas Hakwa and Ms Marie Hakwa of Silas Hakwa & Associates for the Defendant

SENTENCE

This is the sentence of the Defendant, Evelyn Carlo. On 11 November 2003, she had in her possession a point 22 riffle at her house in the BP patch area opposite Parliament premises and at that time, she had no licence. This is an offence contrary to section 3(a) of the Fire Arms Act [CAP. 198]. She pleaded guilty to that offence as charged against her.

Section 3(a) of the Fire Arms Act provides:

“No person shall have in his possession, purchase or acquire any ammunition without holding a firearm licence in force a the time;...”

The penalty for such an offence is prescribed under Section 40 of the Firearms Act. It provides as follows:

“40. (1) Any person who contravenes or fails to comply with any of the provisions of this Act is guilty of an offence under this Act.

(2) The Schedule to this Act shall have effect as regards penalty for any offence under this Act.”

The penalties are prescribed in a Schedule to Section 40 of the Act. The relevant penalty for the offence under Section 3(a) is fine not exceeding VT20,000 or imprisonment for a period not exceeding 6 months or to both.

The Defendant is 26 years of age. She has a degree in Management Studies. She is currently employed. On 17 June 2005 she gave birth to a baby girl. She is the sole bread winner for her family. He father served an imprisonment sentence and had just completed his sentence in January 2005 and is unemployed. The Defendant has 2 younger brothers who are still at school (one at INTV and the other is at Vila East School).The .22 Riffle Brune belongs to the Defendant’s father. Her father did not renew his licence since 2003. The Defendant is a first time offender.

She understands the nature of the offence she was charged with. She pleaded guilty at the first opportunity provided to her.

In sentencing the Defender, I take into consideration of what the Defence counsel told the Court and the fact that the Defendant is a first time offender and her guilty plea at the first opportunity given to her the sentence of the Defendant is as follows:-

1. The Defendant is sentenced to pay a fine of VT 15,000. She is ordered to pay the fine of VT15, 000 by the end of the month of July 2005.
   
2. The Defendant is further ordered to pay a prosecution cost of VT 10,000 to be paid by the end of July 2005.
   
3. It is finally ordered that the Point .22 Riffle Brune belonging to Joe Kalo be seized by the Police Officer responsible for the Firearms Section of the Police Force for the purpose of forfeiting the said riffle under Section 36 of the Firearms Act [CAP. 196].
   

DATED AT PORT-VILA this 12^th DAY of JULY 2005

BY THE COURT

Vincent LUNABEK
Chief Justice