Public Prosecutor v Baet [2021] VUSC 237; Criminal Case 2822 of 2021 (16 September 2021)

IN THE SUPREME COURT OF Criminal

THE REPUBLIC OF VANUATU Case No. 21/2822 SC/CRML

(Criminal Jurisdiction)

BETWEEN: Public Prosecutor

AND: Bush Baet

Defendant

Date: 16^th September 2021

By: Justice G.A. Andrée Wiltens

Counsel: Mr D. Boe for the Public Prosecutor

Mr R. Willie for the Defendant

SENTENCE

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1. Introduction
   

1. Mr Baet pleaded guilty to a charge of unlawful sexual intercourse with a young person aged between 13 and 15 years.
   

2. Facts
   

2. CF was born on 11 March 2007.
   
3. On 18 July 2021, CF was at the house of a relative. Mr Baet entered the house, saw that CF was alone and locked the door behind him. He took off CF’s clothes and had sexual intercourse with her. After he had ejaculated he put back his clothes and left.
   
4. CF immediately told her mother what had occurred.
   
5. When questioned by the police Mr Baet elected to remain silent.
   

100. Sentence Start Point
     

6. The sentence start point is to be assessed by having regards to the maximum sentence available and factoring in the aggravating and mitigating aspects of the offending.
   
7. The maximum penalty for this offence is 15 years imprisonment.
   
8. The mitigating feature of the offending is that CF was willing to participate. There are however also aggravating factors, which include:

- the age differential - Mr Baet was 30 at the time, CF was but 14 years old; and
- the lack of protection used, exposing CF to sexually transmitted disease and/or unwanted pregnancy.

9. The sentence start point I adopt is 4 years 6 months imprisonment.
   

4. Personal factors
   

10. Mr Baet pleaded guilty at the first available opportunity. That exhibits remorse and his acceptance of his wrong-doing. It also spared CF the need to give evidence. Accordingly I reduce the sentence start point by 33%.
    
11. Mr Baet is now 30 years old, singe and employed at VUI.
    
12. Mr Baet has no previous convictions.
    
13. Mr Baet has performed a custom reconciliation ceremony involving a pig, a kava plant and VT17, 000 cash.

14. For his personal factors Mr Baet’s sentence start point is further reduce by 4 months
    

5. End Sentence
   

15. The end sentence I impose is 2 years 8 months imprisonment. The sentence is back-dated to 18 August 2021. As this is sexual offending, there is Court of Appeal authority to the effect that suspending the sentence would be inappropriate: PP v Gideon [2002] VUCA.

16. All details leading to identification of CF are permanently suppressed.
    
17. Mr Baet has 14 days to appeal.
    

Dated at Luganville, this 16^th day of September 2021

BY THE COURT

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Justice G.A. Andrée Wiltens