Public Prosecutor v Len [2009] VUSC 187; Criminal Case 23 of 2009 (28 April 2009)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Criminal Jurisdiction) CRIMNAL CASE No.23 OF 2009

PUBLIC PROSECUTOR - v - ROBERT LEN


Coram: Chief Justice Vincent Lunabek

Counsel: Ms Kayleen Tavoa, the Public Prosecutor
Ms Bertha Pakoasongi for the Defendant

SENTENCE

Defendant Robert Len pleaded guilty to one count of Unlawful Sexual Intercourse, contrary to Section 97(2) of the Penal Code Act [CAP.135].

The brief facts show the following:

On 6^th March 2007 Masing Tom lodged a complaint against suspect Robert Len who had sexual intercourse with his daughter. This incident took place on 12^th June 2006 at New Place on Epi.

On 6^th March 2007 Police Officer Marilyn George obtained a statement from the victim girl confirming that this incident is true. Robert Len had sexually abused her, and also a witness statement was lodged from Karin Andrea who stated that she saw the actual act of Robert Len on the victim girl as they slept in one room.

On 9^th March 2007 at the Vila Police Station, Officer Marilyn George questioned Robert Len about the allegation that was lodged against him, and he said everything is true. He was then cautioned of his rights about not saying anything to Court or add any changes. He agrees to everything that was said and signed the statement at his own free will. The victim was born on 23 June 1993. She is now 16 years of age.
A pre-sentence report was provided. It shows that Defendant Robert Len was born on 3 November 1989. He attended Junior Primary Schools in Burrumba. He is from Bongovio village and he was at school there until class six.

He stop his secondary school at year 8 at Burrumba French Secondary School because of school fees problems. He attended a Seven Day Bible Study Course in his village. He has skills in playing guitar, soccer, diving, fishing, hunting and gardening. He says he wants to become a pastor in the future. He lives with his grand parents and has three sisters and a brother. All his sisters were married but they remain close and support each other through subsistence farming. His father say Robert is a “good boy” at home and does not get into trouble or cause problems for the family. He takes good care for his grand parents by gardening for them as well as collecting firewood for them. His Chief Saksak Willie says, Robert is a helpful member of the community.

Pastor Remo Billy of the Assemblies of God Church says Robert Len is a member of youth and participates in a lot of the church activities (including playing in the church band). The Pastor is willing to provide Robert Len counseling and any leadership training.

Defendant Robert Len is a young man of 20 years old. He is a first time offender. During his remand in custody he follows the rules of the Correctional Centres (he has not escaped or disciplined). At the time of offending, Defendant Robert Len was 17 years old attending year 8 at Burrumba French Second School and the victim was a 13 years old attending year seven.

The Defendant Robert says he saw the victim girl on many occasions and visited her village. He says he saw the victim at one of her father’s house where he worked. He asked her for sexual intercourse. He says that later that night he had sex with the victim girl in a three bedroom house where nine of them slept.

He says that at the time of the offence he did not that it was against the law to have sex with a girl under the age of 15.

He says when he sees the victim girl, he feels sorry for her because her sister reported her to the school authorities and she got expelled.

The Defendant’s parents were surprised to hear of Robert Len’s offending. They say, Robert has changed a lot. Robert stays at home instead of following other youths in the village.

His relatives performed a custom ceremonies to the victim and her family while he was remanded in 2007.

The Defendant Robert Len is sentenced to 3 years imprisonment suspended for 2 years.

In addition, he is sentenced to 2 years supervision and 100 hours community work under Section 58G of the Penal Code (Amendment) Act No.14 of 2007 [CAP.135].

14 days to appeal.

DATED at Port-Vila this 28^th day of April 2009

BY THE COURT

Vincent LUNABEK
Chief Justice