Public Prosecutor v William [2016] VUSC 204; Criminal Case 2400 of 2016 (18 August 2016)

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

Criminal Case No. 16/2400 SC/CRML

BETWEEN:	Public Prosecutor
AND:	Korah William Accused

Date of SENTENCE:	18th day of August, 2016 at 11:00 AM
Before:	Justice Mary Sey

In Attendance:

Counsel – M. Taki for the State Counsel – H. Rantes for the Defendant

SENTENCE

1. Section 107 of the Penal Code provides that no person shall commit intentional assault on the body of another person. If damage of a temporary nature is caused then the penalty prescribed under Section 107(b) is imprisonment for 1 year.
   
2. I have taken into consideration the mitigating factors put forward by defence counsel and in view of the circumstances of the case and considering the character of the accused I shall exercise my discretion to temper justice with mercy. In the result I hereby sentence the accused to 6 months imprisonment to which I shall give him credit for one third reduction as he is a first time offender leaving an end sentence of 2 months which is wholly suspended for 2 years.
   
3. The accused is hereby warned that in the event he commits another offence during such period of suspension the sentence will become operative.
   

DATED at Port Vila, this 18^th day of August, 2016.

BY THE COURT

...........................
Mary Sey
Judge