Public Prosecutor v Isaiah [2007] VUSC 15; Criminal Case 06 of 2007 (13 April 2007)

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

CRIMINAL CASE No.06 of 2007

PUBLIC PROSECUTOR

-v-

TOM HARRY ISAIAH

Mr Lent Tevi for the Public Prosecutor
Messrs Peter Bartels and Henzler Vira for the Defendant

Translator: Robert Yoyo

SENTENCE

This is the sentence of the Defendant, Tom Harry Isaiah. Tom Harry Isaiah, you are charged with the offence of Unlawful Sexual Intercourse, contrary to Section 97(1) of the Penal Code Act [CAP.135]. On Monday 10 April 2007, you pleaded guilty to the offence as charged.

The Defendant is 15 years old at the time of offence. The victim girl is 10 years at the time of offence.

The Defendant Tom Harry, you are from Lenu village, Tanna. The girl complainant is from the Illuputu village. Both villages are close to each other.

The offence of Unlawful Sexual Intercourse is a very serious offence. The law recognizes the seriousness of such an offence and imposes a maximum penalty of 14 years imprisonment.

The brief facts show that on 14 February 2005, the Defendant left his village and went to the girl’s village. He met the girl in her village. At a place near the girl’s residence, the Defendant sent the girl to get some fire to him. The girl went to their kitchen and brought back fire to the Defendant who was under a burao tree. When the girl came close to the Defendant to hand over the fire, the Defendant grabbed her and made her lie down on the ground. He removed her clothes and had sexual intercourse with her.

While they were having sexual intercourse, the victim’s mother saw them. She shouted to the Defendant and run off to cut him with a knife she was holding. The Defendant immediately got up, and run away.

In mitigation, the defence counsel submits that the Defendant is a first time offender and a self-employed gardener. It is said this offence occurred at a period of permutation of his sexual experiment activity. The Defendant performed a custom ceremony settlement to the victim girl and her family.

The Defendant is remorseful and says sorry to the victim for what he did to her.

Because of the young age of the Defendant, he could not be sentenced for imprisonment. The defence joined the prosecution to submit for leniency for this young boy by giving him hope for his future when sentencing the Defendant.

Having considered the circumstances of the offending, the character and personal history of the Defendant, the custom ceremony settlement, the acceptance of the custom ceremony performed, the young age of the Defendant of 15 years and that of the victim at the time of the offending, I reach the conclusion that the Defendant could not be sent directly into custody as there is alternative sentence to be imposed on him other than an imprisonment sentence.

I sentence the Defendant, Tom Harry Isaiah, to supervision as it would reduce the likelihood of further offending through the rehabilitation and reintegration of the Defendant back into the community.

The Defendant, Tom Harry Isaiah is sentenced to supervision order under Section 58F of the Penal Code Act [CAP.135] (as amended) for a period of 12 months.

14 days to appeal.

DATED at Isangel, Tanna this 13th day of April 2007

BY THE COURT

Vincent LUNABEK
Chief Justice