Public Prosecutor v Bani [2017] VUSC 106; Criminal Case 3849 of 2016 (24 February 2017)

IN THE SUPREME COURT Criminal Case No 16/3849 SC/ CRML
OF THE REPUBLIC OF VANUATU
(Criminal Jurisdiction)

PUBLIC PROSECUTOR

Vs

JENNY BANI

Coram: Justice Mary Sey
Counsel: Mr. Damien Boe for Public Prosecutor
Ms. Kylie Bakeo for the Defendant
Date of Decision: 24 February 2017

RULING

1. On 14 February 2017, this Court sentenced the defendant to an end sentence of 2 years’ imprisonment for the offence of intentional assault causing permanent injury contrary to section 107 (c) of the Penal Code Cap 135.
2. After pronouncing the sentence, I adjourned the case to consider whether or not I should suspend all or part of the defendant’s sentence pursuant to sections 57 and 58 of the PCode (Amendment) Act Nof 2006.
3. Mrs. Jenny Bani, havonsidall the circumstances surrounding the case, I am I am satisfied that I am able to suspend yend your sentence of imprisonment for a period of 2 years. However, let this be a lesson to you and a reminder that such violent actions will not be tolerated by the Court.
4. You are hereby warned that you are not going to jail today but any re-offending in the next 2 years will immediately result in your having to serve this sentence of 2 years’ imprisonmn a in addition to any other penalty that may be imposed for your re-offending. Whether that happens or not, is a matter entirely within your control, but, if you re-offend within the next 2 years then you can expect no

th day of February,

BY THE COURT

M. M
Judge