Public Prosecutor v Malnaim [2020] VUSC 28; Criminal Case 3564 of 2017 (12 March 2020)

IN THE SUPREME COURT OF Criminal

THE REPUBLIC OF VANUATU Case No. 17/3564 SC/CRML

(Criminal Jurisdiction)

BETWEEN: Public Prosecutor

AND: Lorenzo Malnaim

Defendant

Date: 12 March 2020

By: Justice G.A. Andrée Wiltens

Counsel: Mr D. Boe for the Public Prosecutor

Mr J. Garae for the Defendant

SENTENCE

1. Introduction
   

1. On 7 March 2018, Mr Malnaim pleaded guilty to one charge of domestic violence. The maximum sentence for that offence is a term of 3 years imprisonment. He pleaded not guilty to other more serious charges. He was remanded in custody between 28 December 2017 and 27 July 2018. Ultimately all the other charges against Mr Malnaim were dismissed, the latest being by Justice Felix last year.
   
   2. Facts
      
2. Mr Malnaim assaulted his sister with a piece of wood to her back. He was aged 19 years at the time; she was 16 or 17. There is no other information available than that.
   
   100. Sentence
        
3. Given the time already served, it is appropriate to convict and discharge Mr Malnaim. He has served more than enough.
   
4. Mr Malnaim has 14 days in which to appeal this sentence if he does agree with it.
   

DATED at Luganville this 12th day of March 2020

BY THE COURT

............................................................

Justice G.A. Andrée Wiltens