Public Prosecutor v Issachar [2010] VUSC 177; Criminal Case 01 of 2001 (6 December 2010)

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

Criminal Case No. 01 of 2001

PUBLIC PROSECUTOR

V

HOLLINGSON ISSACHAR

Coram: Justice N. R. DAWSON

Date of Sentence: 6th December, 2010

Counsel: Mr. P. Wirrick for Public Prosecutor
Mr. E. Molbaleh for Accused

SENTENCE

1. Mr. Hollingson Issachar appears in Court today for re-sentencing. In 2003 the Court of Appeal sentenced the Defendant requiring him to pay an outstanding debt of VT 406,406 within 6 months. The Court of Appeal said that if payment is not made within that period then he could expect to serve a sentence of imprisonment. It went on to say that if payment was made in full, a custodial sentence should not be imposed and suspension could be probably available.
   
2. Mr. Issachar did not make the payments required within the six month period. He has only just made payments in the last few months. But he has now paid the amount in full. When Mr. Issachar came before this Court on 4th October, 2010 he was remanded in custody and remained there for a period of four days until he was granted bail.
   
3. The Court is also aware that Mr. Issachar suffers from diabeties and high blood pressure and has had part of his right food amputated due to that diabetic condition and he is still suffering from that today.
   
4. Given that the amount has now been paid in full and that Mr. Issachar has spent four days in custody and also given Mr. Issachar's medical condition the Court will not be imposing any further sentence. This matter is now concluded and Mr. Issachar, you are now free to go.
   

Dated at Port Vila, this 6th day of December, 2010

BY THE COURT

N. R. DAWSON
Judge