Public Prosecutor v Selwin [2011] VUSC 105; CRC 111.2010 (16 March 2011)

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

Criminal Case No. 111 of 2010

PUBLIC PROSECUTOR

V

JASON SELWIN

Coram: Justice R. L. B. SPEAR
Date of Sentence: 16 March 2011

Counsel: Mr. F.Ngwango for Public Prosecutor
Mr. H.Vira for Prisoner

SENTENCE
16 MARCH 2011

1. Jason Selwin you are for sentence today having pleaded guilty to one charge of Theft.
   
2. The two charges that you initially faced included one charge of Unlawful Entry and this charge of theft. However, after you pleaded guilty to the theft charge, the prosecutor decided that this would be sufficient and that no evidence would be offered on the first charge. You are accordingly discharged on count 1.
   
3. The theft occurred in 2010 when you are residing with your parents at the Vanuatu Mobile Force Camp in Port Vila. You stole three air guns from the Vanuatu Police Force armory container. You, sold one of the guns shortly afterwards, in May 2010, for VT1000. You sold another air gun to another man also for VT1000 in September 2010. It was this second sale that led to your apprehension.
   
4. All guns have been recovered and returned to the Police. The only loss appears to be on the part of the two young men who exercised the poor judgment to purchase the gun from you.
   
5. You are now seventeen years of age and this is not the first time you have been before the Court. When you were fifteen years of age, you were convicted on charges of Theft, Trespass, Damage to Property and Unlawful Entry. You were sentenced in the Magistrate's Court to 100 hours of community work and 6 month supervision. Now, you appear again, just two years later which at least suggests that you really did not learn anything from your earlier brush with the law.
   
6. The Prosecutor contends that offending was premeditated but I have no evidence that that was so. I will treat it as more opportunistic and impulsive.
   
7. I accept that this was a silly mistake that you made without fully appreciating the consequences. The theft of firearms (including air guns) is always of great concern as the possibility exists that they then make their way in to the hands of criminals and they are applied for criminal purposes. There are strict controls on the possession and use of firearms for very good and sound reasons. It is important to ensure that the illegal trafficking of firearms is dealt with firmly.
   
8. Be that as it may, you are only seventeen years of age and quite immature with it. You are at a distinct cross-road in your life – will you continue to offend or will you use this as a motivation to turn your life around? You have a supportive family and there is a Church program to which you are prepared to commit yourself. It can accordingly be hoped that this prosecution will have come as a wake-up call.
   
9. While the theft of firearms would ordinary attract a sentence of imprisonment, it is important to take account of the fact that the firearms were recovered without difficulty, that you pleaded guilty at an early time, that you are remorseful for your actions, you are still a young man and there appears to be every indication that this will be the last occasion that the Court will see you.
   
10. The pre-sentence reports recommence community work and supervision which of course is a sentence that was imposed on the last occasion.
    
11. I'm also not prepare to put weight on your previous conviction given that it occurred when your only fifteen years of age.
    
12. You are sentence to 250 hours community work.
    
13. You are also placed under Supervision for a term of twelve months on the special conditions set out in the pre-sentence report:
    
    1. That you attend spiritual programs with the Anglican Church;
       
    2. That you undertake the "Niufala Rod Program" as directed by the Probation Officer;
       
    3. That you undertake an education program as directed by the Probation Officer;
       
    4. That you do not to associate with any person in respect of whom a Probation Officer has directed you in writing not to associate with.
       

Stand down