Public Prosecutor v Bue [2009] VUSC 49; Criminal Case 28 of 2008 (12 February 2009)

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

Criminal Case No. 28 of 2008

PUBLIC PROSECUTOR

V

ALBERT BUE

Mr Justice Oliver A. Saksak
Mrs Anita Vinabit – Clerk

Mr Gregory Takau for Public Prosecutor
Mr Christopher Tavoa for the Defendant

SENTENCE

1. Albert Bue, on 11th December 2008 you pleaded guilty to 7 counts of:-
   
   • (a) Indecent Assault x 4 counts, contrary to section 98(b)
     
   • (b) Incest x 2 counts, contrary to section 95(a); and
     
   • (c) Rape or Sexual Intercourse without consent, contrary to section 91.
     
2. The complainant is your daughter of 19 years of age, one of your 5 children.
   
3. The offending started on 11th March 2005 and extended over a period of 3 years until 13th to 18th August 2008 when the last incidents of incest and indecent assault took place.
   
4. The aggravating features of this case are that –
   
   • (a) You are a mature father.
     
   • (b) The girl is your very own blood daughter.
     
   • (c) You stand in a position of trust and responsibility.
     
   • (d) You abused that trust and responsibility.
     
   • (e) The offences were repetitive over a period of 3 years.
     
   • (f) A degree of physical force was used on certain occasions.
     
   • (g) There appears to be no remorse whatsoever.
     
5. Against these are two mitigating factors which the Court will allow some credit for. These are –
   
   • (a) Early guilty pleas; and
     
   • (b) Clear past record and being a first-time offender.
     
6. In assessing your sentences I take into consideration submissions by the Prosecutor and also from Mr Tavoa. I have also had regard to your Pre-Sentence Report.
   
7. Certainly the Case of Keven Gideon is the classic example. The only appropriate sentence for you is a custodial one.
   
8. Because of the aggravating features of your case and on your own admissions the Court hereby convicts you on all seven counts as charged. And the Court will sentence you on each count as follows:-
   
   • (a) Count 1 – Indecent Assault – 1 year imprisonment.
     
   • (b) Count 2 – Indecent Assault – 1 year imprisonment.
     
   • (c) Count 3 – Indecent Assault – 1 year imprisonment.
     

These sentences will run consecutively, making a total of 3 years imprisonment.

(d) Count 4 – Rape – 8 years imprisonment consecutively with counts 1, 2 and 3, making a total of 11 years imprisonment.

(e) Count 5 – Incest – 2 years concurrent to count 4. So effectively for Counts 4 and 5 the term is 8 years.

(f) Count 6 – Indecent Assault – 2 years imprisonment.

(g) Count 7 – Incest – 2 years imprisonment concurrent to count 6. In effect the sentence for counts 6 and 7 is 2 years imprisonment.

9. The total sentence for all 7 counts is 13 years imprisonment. This is to act as a deterrence to you and to other men, and to mark the gravity of these offences and the Court’s disapproval of such irresponsible behaviour of a father towards his daughter.
   
10. The Court will allow credit for two factors of mitigation by reducing 13 years by one year. (12 months).
    
11. The balance of sentence to be served is 12 years imprisonment.
    
12. Your sentence of 12 years will be effective from 20th November 2008, the date you were first remanded in custody.
    
13. That is the sentence of the Court.
    

DATED at Luganville this 12th day of February 2009.

BY THE COURT

OLIVER A. SAKSAK
Judge