Public Prosecutor v Tatu [2009] VUSC 45; Criminal Case 26 of 2008 (9 February 2009)

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

Criminal Case No. 26 of 2008

PUBLIC PROSECUTOR

V

KOSTA BULE TATU

Mr Justice Oliver A. Saksak
Mrs Anita Vinabit – Clerk

Mr Lent Tevi and Mr Gregory Takau for Public Prosecutor
Mr Kevin Nathan for the Defendant

SENTENCE

1. Kosta Bule you were initially charged with 4 counts of Incest, Indecent Assault and Unlawful Sexual Intercourse x 2.
   
2. On 18th November 2008 you pleaded Not-Guilty to Incest and Indecent Assault. The Public Prosecutor invited the Court to enter a nolle prosequi in respect of those two counts and the Court did that.
   
3. For the remaining two counts of Unlawful Sexual Intercourse, you pleaded Guilty to both.
   
4. Under Section 97(1) the maximum penalty is 14 years.
   
5. You admitted to having unlawful sexual intercourse with a girl who was under the age of 13 years.
   
6. The facts show the girl was living with your family under your care and protection.
   
7. As a mature person and a father of 4 children yourself you stood in a position of trust. Instead if you protecting her, you abused her by subjecting her to your sexual gratification. That is very irresponsible on your part as a father.
   
8. In assessing your sentence I have considered written submissions by the Prosecutor and also from your Counsel in light of the Pre-Sentence Report.
   
9. Two mitigating factors that the Court will give you credit for are –
   
   • (a) The substantial custom ceremony you performed on 24th October 2008; and
     
   • (b) Your early guilty plea on Counts 3 and 4 saving the complainant from the ordeal of retelling her story in front of the Court audience.
     
10. The Case of Public Prosecutor v. Kevin Gideon is a classic case that must apply to your case. I consider that the only appropriate punishment or Sentence for you is a custodial one. And I accept the starting point is 5 years imprisonment.
    
11. I therefore convict you on your own admission in respect of two counts of unlawful sexual intercourse and accordingly Sentence you as follows:-
    
    • (a) Count 3 – Unlawful Sexual Intercourse – 5 years imprisonment.
      

(b) Count 4 – Unlawful Sexual Intercourse – 5 years imprisonment.

These Sentences will run concurrently to each other so that in effect you will serve a total of 5 years imprisonment.

12. As indicated to you under paragraph 9 the Court orders a reduction of 5 years by 2 years. The balance of the Sentence you have to serve at the Correctional Centre is 3 years.
    
13. I further order that this Sentence be deemed effective from 30th October 2008, that being the date you were first remanded into custody.
    
14. That is the Sentence of the Court.
    

DATED at Luganville this 9th day of February 2009.

BY THE COURT

OLIVER A. SAKSAK
Judge