Public Prosecutor v Nawoko [2009] VUSC 138; Criminal Case 18 of 2009 (23 November 2009)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(CRIMINAL JURISDICTION)

Criminal Case No. 18 of 2009

PUBLIC PROSECUTOR

V

SOHE NAWOKO

Mr Justice Oliver A. Saksak
Mrs Anita Vinabit – Clerk

Mrs Kayleen Tavoa – Public Prosecutor
Mr Christopher Tavoa – For the Defendant

SENTENCE

1. Sohe Nawoko you were initially charged with 2 counts of Attempted Unlawful Sexual Intercourse contrary to Sections 28 and 91 of the Penal Code Act, and also for Acts of Indecency contrary to Section 98A of the Act.

2. The Public Prosecutor did not continue with the first count and invited the Court to enter a nolle prosequi under Section 29 of the Act.

3. For the remaining charge, you pleaded guilty on 14th October 2009. I have heard submissions from the Public Prosecutor in response to the defence submissions filed on 5th November 2009. The Court agrees with her that the cases of Abednigo v. Public Prosecutor [1990] VUCA 2, Public Prosecutor v. Kalsale [2007] VUCA 11 and Public Prosecutor v. Boita [2002] VUCA 38 are distinguished from this case. It is the submission of the Public Prosecutor that you should be given a sentence of supervision as the appropriate sentence in your case.

4. I have seen the Pre-Sentence Report filed by the Probation Officer on your behalf and have heard Mr Tavoa's submissions.

5. You pleaded guilty to the charge saving the victim from the ordeal of her retelling her story in front of an audience. She was 15 years and you were 16 years old at the time. The customary reconciliation ceremony performed that saw an exchange of food and kava and VT3, 000 in cash and a namele leaf manifest contrition and remorse on your part.

6. Your education would be in jeopardy if the Court were to resort to more severe sentencing options. The Court hopes that what you did was a 'one-of' situation and that by coming to Court, you have learnt what it takes and means when you commit a crime against the criminal law.

7. I accept Counsel's submissions that the most appropriate sentence for you is a sentence of supervision under Section 58F of the Penal Code Act.

8. Accordingly I sentence you to supervision for a period of 2 years from today. Standard and special conditions as recommended by the Probation Officer will apply.

DATED at Luganville this 23rd day of November 2009.

BY THE COURT

OLIVER A. SAKSAK
Judge