Public Prosecutor v Malau [2021] VUSC 135; Criminal Case 638 of 2021 (4 June 2021)

IN THE SUPREME COURT OF Criminal

THE REPUBLIC OF VANUATU Case No. 21/638 SC/CRML

(Criminal Jurisdiction)

PUBLIC PROSECUTOR

v

WALTER MALAU

Date: 4 June 2021

Before: Justice V.M. Trief

Counsel: Public Prosecutor – Mr P. Sarai

Defendant – Mr L.J. Napuati

SENTENCE

1. Introduction
   

1. Mr Malau pleaded guilty to one charge of domestic violence.
   

2. Facts
   

2. Mr Malau was in an extra-marital relationship with the complainant Ewa Barron at the time of the offending.
   
3. On 2 October 2019, Mr Malau and Ms Barron texted each other because:
   
   1. Mr Malau was not happy with Ms Barron going out to meet someone else; and
   2. Mr Malau hrrowed some money frey from Ms Barron that she wanted refunded.
4. Mr Malau stated in hit messages to Ms Barron than that he would punch her and use firearms against her if he found her with another man. She was psychologically abused, harassed and intimidated, and feared for her life.
   
5. I wholly reject Mr Napuati’s submission that all cases must have the salient feature of physical violence. That submission completely overlooks the provisions of the Family Protection Act. I also reject the submission that the threats were not actual threats but just texting. That submission has no basis in the facts admitted on Mr Malau’s behalf.
   

100. Sentence Start Point and Personal Factors
     

6. The sentence start point is assessed having regard to the maximum sentence available, and the mitigating and aggravating factors of the offending.
   
7. The maximum sentence available is 5 yeaprisonment or a fine note not exceeding VT100,000, or both.
   
8. There are no mitigating factors relto the offending. The offenoffending is aggravated by:
   
   • The breach of trust involved by a Police officer who is sworn to uphold the law;
   • The effect upon Ms Barron including causing her to fear for her life; and
   • The offending was planned.
9. The factors set out above require a sentence start point of 12 months ionment.
   
10. Given the strenf the Prosecution case, Mr Malau had little option but to plead guilty. I deduct 25% from trom the sentence start point for the early guilty plea.
    
11. Mr Malau is 47 years old, married and has six children and two grandchildren. He is a currently serving Police Officer, for 29 years now. He has no previous convictions. I reduce the sentence by 2 months for Mr Malau’s personal factors.
    
12. There has not been a custom reconciliation ceremony as this was refused by Ms Barron. She stated to the pre-sentence report writer that the Police took time to progress this case so she wanted it dealt with solely by the court and particularly as Mr Malau had continued calling and stalking her until now.
    

4. End Sentence
   

13. Mr Malau is sentenced to 7 months imprisonment. The scntence is imposed to denounce such criminal conduct, to hold Mr Malau accountable for his criminal conduct, to deter him and others from such offending and to protect the community.
    
14. The end sentence will not be suspended. Given the nature of the offending of violence threatened within a domestic relationship, by a currently serving Police officer who has acted contrary to his sworn oath to uphold the law, the sentence will not be suspended.
    
15. Mr Malau has 14 days to appeal the sentence.
    

DATED at Port Vila this 4^th day of June 2021

BY THE COURT

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

Viran Molisa Trief

Judge