Public Prosecutor v Baleratu [2020] VUSC 241; Criminal Case 1354 of 2020 (16 October 2020)

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

Criminal Case No. 20/1354 SC/CRML

BETWEEN:	The Public Prosecutor
AND:	Filiami Baleratu Defendant

Date of Plea: Date of Sentence:	21st July 2020 16th October 2020
Before:	Justice Oliver Saksak

In Attendance:

Mr Simcha Blessing for Public Prosecutor Ms Linda Bakokoto for Defendant

SENTENCE

1. Filiami Baleratu pleaded guilty to 68 counts of obtaining monies by deception on 21^st July 2020 contrary to section 130B of the Penal Code Act [CAP 135] (the Act). He is now appearing for sentence.
   
2. The maximum penalty of this offence is 12 years imprisonment.
   
3. The facts are that from June 2019 through February 2020 the defendant obtained monies from the following people-
   

(a) June 2019
	VT 10.000 from Jacques Molvara-	Count 1
(b) November 2019
	VT 15.000 from Micheal Kalsakar	Count 2
	VT 15.000 from Junior Felix	Count 3
	VT 15.000 from Sonia Karen Pakoa-	Count 4
	VT 12.000 from Robert Boblang	Count 5
	VT 15.000 from Jimo Jimmy	Count 6
	VT 15.000 from Andrew Harry	Count 7
	VT 12.000 from Robert Boblang	Count 8
	VT 12.000 from Francois Kalsakar	Count 9
	VT 12.000 from Alomis Kalsakar	Count 10
	VT 12.000 from Tony Jeffrey Taga	Count 11
	VT 15.000 from Joel Ngwele Sara	Count 12
	VT 12.000 from Rasel Kalowi	Count 13
	VT 12.000 from Alice Philip	Count 14
	VT 15.000 from Linda Laua	Count 15
	VT 15.000 from Kalo Ishmael	Count 16
	VT 15.000 from Jennifer Sampet	Count 17
	VT 15.000 from Kalter Kalsulik	Count 18
	VT 15.000 from Gideon Kaltapu	Count 19
	VT 15.000 from Helena Iaput	Count 20
	VT 15.000 from Tara Taga	Count 21
	VT 12.000 from Rasel Kalowi	Count 22
	VT 10.000 from Commi Elijah	Count 23
(c) January 2020
	VT 20.000 from Tom Terter	Count 24
	VT 12.000 from Micheal Kalosik	Count 25
	VT 12.000 from Salome Lewia Johnson	Count 26
	VT 12.000 from Jimmy Samuel	Count 27
	VT 12.000 from John Surao	Count 28
	VT 15.000 from Hilda Watas	Count 29
	VT 15.000 from Daniella Kalosik	Count 30
	VT 15.000 from Mersani Luvu Cullwick	Count 31
	VT 15.000 from Nike Malverus	Count 32
	VT 12.000 from Kalros Kalangis	Count 33
	VT 15.000 from Meto Tasso	Count 34
	VT 15.000 from Raymond Kalsakau	Count 35
	VT 15.000 from Devrina Tari	Count 36
	VT 12.000 from Kalo Ishamael	Count 37
	VT 20.000 from Tom Terter	Count 38
	VT 15.000 from Jacques Harry	Count 39
	VT 10.000 from Jacques Harry	Count 40
	VT 10.000 frm Valerie Philip	Count 41
	VT 15.000 from Rosinda Viti	Count 42
	VT 15.000 from Lucy Maltery	Count 43
	VT 15.000 from Narau Failet	Count 44
	VT 12.000 from Anita Kalses	Count 45
	VT 12.000 Rejel Nepnep	Count 46
	VT 12.000 from Anita Kalses	Count 47
	VT 12.000 from Erman Sumsum	Count 48
	VT 10.000 from Sali Lala	Count 49
	VT 10.000 from Pierre Tasal	Count 50
(d) February 2020
	VT 15.000 from Kalsaf Kalsakau	Count 51
	VT 10.000 from Noe Nalet	Count 52
	VT 15.000 from Taronmal Areng Namal	Count 53
	VT 15.000 from Kalsaf Kalsakau	Count 54
	VT 10.000 from Naenalet	Count 55
	VT 15.000 from Jocelyne Sese	Count 56
	VT 10.000 from Yanno Yale	Count 57
	VT 15.000 from Yir Kalta Felix	Count 58
	VT 15.000 from Rose Yamak	Count 59
	VT 12.000 from Bilsen Kalses	Count 60
	VT 15.000 from Renzo Robert	Count 61
	VT 15.000 from Suzanne Keinoho	Count 62
	VT 15.000 from Martine Lamai	Count 63
	VT 15.000 from Suznne Kainolo	Count 64
	VT 15.000 from Silas Naulas	Count 65
	VT 15.000 from Rini Kalomuana	Count 66
	VT 15.000 from Peter Iamak	Count 67
	VT 10.000 from Claude Tom	Count 68

The total amount he collected deceptively was VT 924,000.

4. The defendant became jobless after he was terminated from 2 previous employments. He needed quick cash and therefore started a fraudulent scheme whereby he introduced himself to the public as an agent of Seasonal Employer Scheme (“RSE”). He obtained monies and promised them contracts for and on behalf of farming companies in New Zealand. He told persons he would use monies to pay for their medical examinations, visas, passports, ID photos and other relevant documents, None of these things ever materialised. The complainants made formal complaints to the police. Investigations were made and the defendant was arrested and questioned under caution. He made admissions.
   
5. The defendant used up all the monies he collected for own use and benefit. None of the money collected was recovered.
   
6. The offendings were planned. There were repetitive. They were committed on simple citizens in dire need of employment and money. There was a serious breach of trust. The defendant seemed to have enjoyed what he was doing. He has caused a huge loss to 68 people who are obviously affected financially and mentally as a result off the defendant’s deceptions. I consider these are the aggravating features of this defendant’s offendings.
   
7. I consider that the defendant’s case is far more serious than that of Bong v PP [ 2020] VUCA 19 but obviously less serious than Tari and Mala cases.
   
8. There are absolutely no mitigating circumstances warranting the commission of this offence repeatedly over 68 times.
   
9. Considering the totality of the circumstances, together with the seriousness of the offences committed, I set the starting sentence to be one of 3 years imprisonment.
   
10. I therefore sentence the defendant to 3 years imprisonment on each of 68 counts, to be served concurrently. This means the defendant has a total concurrent sentence of 3 years imprisonment.
    
11. He is 35 years old. He is married with children. He is relatively educated. He is skilful in cooking and is an ambitious cook with a small catering business. He cares for and looks after his family well. He is in good health and does not drink kava or smoke cigarettes.
    
12. He has not performed any reconciliation ceremony but expresses willingness to make repayments. He has so far made repayments to 5 victims.
    
13. Had a clean criminal record. He admitted his actions to the police and made admissions to the Court on the plea day. I am prepared to give him the full 1/3 reduction for this factor. His sentence is reduced therefore by 1 year.
    
14. I allow a further 6 months for his other mitigating factors and personal factors. His end sentence is therefore 1 years and 6 months imprisonment.
    
15. As to whether or not his sentence should be suspended, I do not see any exceptional circumstances to warrant such a course. There is therefore no suspension of sentence.
    
16. Finally I take into account the period the defendant has spent in custody. I therefore backdate his end sentence to 23^rd February 2020.
    
17. The defendant has a right of appeal against this sentence within 14 days if he does not accept it.
    

DATED at Port Vila this 16^th day October 2020

BY THE COURT

OLIVER.A.SAKSAK

Judge