Public Prosecutor v Venven [2009] VUSC 50; Criminal Case 29 of 2008 (12 February 2009)

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

Criminal Case No. 29 of 2008

PUBLIC PROSECUTOR

V

TOBEL VENVEN

Mr Justice Oliver A. Saksak
Mrs Anita Vinabit – Clerk

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

SENTENCE

1. Tobel Venven, you pleaded guilty to two counts of indecent assault contrary to section 98(a) and to attempted unlawful sexual intercourse contrary sections 28 and 97(1) of the Penal Code Act as amended. These pleas were entered by you on 11th December 2008.
   
2. The complainant is a 9 year old school girl. On 31st October 2008 at Usa plantation, you carried the girl into her grand parents house and put her down on a bed. Then you removed her clothes and slept on top of her. You attempted to have sex with her until you were discovered in the act by one Jimmy and you therefore stopped.
   
3. You have stated in your Record of Interview the girl is a close relative of yours.
   
4. Had you not been discovered you would have continued your offending and perhaps damaged the girl’s body. Because she was too small you simply rubbed your penis round her vagina causing mild redness on the vaginal walls causing her pain when touched. That is what her medical report revealed.
   
5. The maximum penalty for indecent assault under section 98(A) is 7 years imprisonment. For unlawful sexual intercourse under section 97(1) the maximum penalty is 14 years imprisonment.
   
6. In assessing your sentence I have considered the submissions made by the Public Prosecutor and also those made by Mr Tavoa in light of your Pre-Sentence Report.
   
7. The aggravating features of this case are that –
   
   • (a) The girl is very young (9 years)
     
   • (b) You are a mature person (30 years)
     
   • (c) You stand in a position of trust and responsibility to her and you abused that trust.
     
   • (d) You subjected her to your control.
     
8. These features make your case just as serious as Kevin Gideon’s Case. And according to Gideon the only appropriate sentence the Court will impose on you is going to be a custodial one.
   
9. The Court therefore convicts you on both counts of indecent assault and attempted unlawful sexual intercourse.
   
10. Accordingly the Court sentences you as follows:-
    
    • (a) For indecent assault – Count 1 – 3 years imprisonment concurrent to Count 2.
      
    • (b) For attempted unlawful sexual intercourse – Count 2 – 4 years imprisonment. Both sentences run concurrently. In effect you will serve 4 years imprisonment.
      
11. The Court allows credit for an early plea saving the little girl from the trouble of sitting in the witness box and retelling her ordeal before an audience. Further you have kept a clean record in the past and this is your first time in Court. For these, the Court reduces your 4 years by 12 months or 1 year. The balance is therefore 3 years imprisonment.
    
12. Your sentence of 3 years is 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