Public Prosecutor v Livo [2010] VUSC 71; Criminal Case 13 of 2010 (3 June 2010)

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

Criminal Case No. 13 of 2010

PUBLIC PROSECUTOR

V

JENNY LIVO

Mr Justice Oliver Saksak
Mrs Anita Vinabit – Clerk

Mr Lent Tevi for Public Prosecutor
Miss Jane Tari for the Defendant

Date of Submissions and Sentence: 3rd June 2010

SENTENCE

1. Jenny Livo you have pleaded guilty to a charge of intentional homicide contrary to section 106 (1) (b) of the Penal Code Act Cap 135. It is a very serious offence and the penalty is life imprisonment.
   
2. The Court hereby convicts you as charged.
   
3. In sentencing, I have considered the written submissions made by the Public Prosecutor. The aggravating features of your case were that –
   
   • (a) You planned your actions.
     
   • (b) The deceased was 4 months old.
     
   • (c) He had suffered in dying.
     
   • (d) You are a mature mother in breach of trust.
     
4. I have also considered the submissions made by your Counsel Miss Tari including the cases cited and referred. Your Pre-Sentence Report has also been considered but there is nothing in it that would persuade this Court from not imposing a custodial sentence on you.
   
5. You were obviously very distressed at the time when your relationship with your husband was shaky. You could have sought the help of some pastors or chiefs in your village or area by talking matters over with them, rather than resorting to taking the life of your child in the way that you did. You obviously knew what you were doing at the time. Your decision was heartless and wicked.
   
6. Of all the cases cited and referred the Court sees the relevant case to adopt is that of PP v. Mathias [2001] VUSC 117; Cr. 27/2001 where the Court initially imposed 8 years imprisonment but on appeal, the sentence was reduced to 3 years. That has to be accepted as the starting point.
   
7. You are therefore sentenced to 3 years imprisonment as a starting point. This is increased by 2 years for the aggravating features of your offending to 5 years. However, the 5 years will be reduced by 24 months due to the following mitigating factors:-
   
   • (a) That you are a first-time offender;
     
   • (b) Early guilty plea; and
     
   • (c) Cooperation with Police.
     
8. In total, you are sentenced to 3 years imprisonment beginning on 14th April 2010 when you were first taken into custody under remand warrant.
   
9. This sentence serves as adequate punishment to you and also as deterrence both for you and other women.
   

DATED at Luganville this 3rd day of June 2010.

BY THE COURT

OLIVER A. SAKSAK
Judge