Public Prosecutor v Donna [2020] VUSC 150; Criminal Case 715 of 2020 (9 July 2020)

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

Criminal Case No. 20/715 SC/CRML

BETWEEN:	Public Prosecutor
AND:	Trejo Nimbwen Donna Defendant

Coram:

Justice Aru

Counsel:

Mr. T. Karae for the Public Prosecutor Mrs. P. Malites Defendant

SENTENCE

1. Trejo Nimbwen Donna you appear today for sentencing. You were not sentenced with the other co-offenders on 7 July 2020 as you absconded. You were charged with 1 count of theft and entered a guilty plea to the charge.
   
2. Theft is punishable by a maximum of 12 years imprisonment.
   
3. The facts are not disputed. On 13 December 2019 there were three break-ins in the Bellevue area on three different properties. Three complainants lodged complaints with the Police about their properties being broken into and items stolen. Mrs Kathy Nako as one of the complainants said the following items were stolen from her Nakamal shop.
   
   • Wine
   • Beer
   • Matches
   • Biscuits
     
4. You along with Fathy Jimmy, Ian Thompson, Leo Tom Yowan, Walla Jean, Pako Jimmy David and Manua Alick admitted stealing several items at the complainant’s house. You left some in the bush and took 2 bottles of wine.
   
5. There was some planning involved and the offending occurred at night. It was a joint criminal enterprise. Mrs Nako suffered loss as a result of your actions.
   
6. You are also a first time offender and 16 years older than Pako Jimmy David and Manua Alick who were discharged. You however breached your bail conditions which prohibited you from leaving the Island of Efate. You went to Malekula without informing counsel or the Court of your whereabouts or your intentions for doing so.
   
7. Your sentence will be 50 hours community work.
   
8. You have 14 days to appeal if you are not happy with your sentence.
   

DATED at Port Vila this 9^th day of July, 2020
BY THE COURT

...........................
D. Aru
Judge