Public Prosecutor v Tari [2009] VUSC 20; Criminal Case 06 of 2006 (2 April 2009)

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

Criminal Case No. 06 of 2006

PUBLIC PROSECUTOR

V

KEVIN TARI
GIBSON TARI
ALBERT TARI

Coram: Justice N. R. DAWSON

Date of Hearing: 2nd April, 2009

Date of Decision: 2nd April, 2009

Counsels: Mr. Obed for Public Prosecutor
Mr. Vira for Accuseds

SENTENCE

1. Today is yet another day that is being set down for the sentence of these three persons. Once again Mr. Albert Tari has been good enough to appear. Mr. Kevin Tari and Mr. Gibson Tari have not. Warrants to Arrest are already outstanding for Kevin Tari and Gibson Tari and they will remain in place until they are brought to Court.
   
2. Mr. Albert Tari, it is unfair to keep you wait any longer for sentencing. I intend to sentence you today. You have pleaded guilty to charge of Aiding Intentional Assault. The facts of the matter are that you and two co-offenders were on the main road linking Au Bon Marche No. 2 and the Tropical Market on 25th December, 2005. The victim and a friend were there also walking towards Tropical Market. They met the three of you, comments were exchanged and they continued walking down the road. They then heard people running towards them and one of the three of you kicked the victim from behind. A bus then stopped nearby and three men who claimed to be police officers in civilian clothes got out and shouted at you and warned you to go home. After the bus left the victim and his associate started walking home again. However, on their way towards Parliament House the same three of you came running towards them again and were shouting at them. The three of you attacked them, one of them fought back and was able to defend himself. One victim was hit by Kevin Tari on the eye by a bottle that fractured his eye. The three of you then ran away. The victim was hospitalized as his eye was seriously injured. A medical report indicated that he will not be able to have a full potential vision of that eye in the future.
   
3. I have read the submissions of the Public Prosecutor and also the Public Solicitor on your behalf. I have also seen your probation report.
   
4. In sentencing you Mr. Tari it is necessary that you are held responsible for what you did that night. It is necessary for me to denounce you behaviour. People should be able to walk along the road without being attacked by other people. It is a basic right that all of us should have and should be able to expect. Crimes of violence are always serious.
   
5. There are mitigating factors I need to take into account. The first is that you entered a guilty plea at an early stage and you were co-operative. You have also co-operated by appearing in Court on each occasion when you should, unlike the other two co-offenders. You have expressed your remorse and you have conducted a custom ceremony to indicate your remorse. It is also mentioned on your behalf that you were drunk at that time and I need to tell you that is not a mitigating factor. You are responsible for what you do, whether you are drunk or whether you are sober. It is not an excuse to come to the Court and say you were drunk. The Court will not take that into account in your favour.
   
6. Having to taken all the circumstances of the offending into account and considering the submissions that have been made with respect to sentencing you today, it is my view that is appropriate to convict and sentence you to a term of imprisonment of 6 months. Taking into account the mitigating factors I have mentioned and that you have always appeared in Court as you ought to, I am going to suspend that sentence for a period of 12 months. What that means is that if you stay out of trouble for the next 12 months you will not have to go to prison. If you get into trouble again and you come back before the Court you will go to prison for 6 months. I am also imposing a sentence of community work of 100 hours.
   
7. You have the right to appeal this sentence. For any appeal you must lodge a notice of appeal within 14 days of today’s date.
   

Dated at Port Vila, this 2nd day of April, 2009

BY THE COURT

N. R. DAWSON
Judge