Public Prosecutor v Kalanu [2021] VUSC 257; Criminal Case 1887 of 2020 (5 October 2021)

IN THE SUPREME COURT OF Criminal

THE REPUBLIC OF VANUATU Case No. 20/1887 SC/CRML

(Criminal Jurisdiction)

BETWEEN: Public Prosecutor

AND: Atly Kalanu

Defendant

Date: 5^th October 2021

By: Justice G.A. Andrée Wiltens

Counsel: Mr L. Young for the Public Prosecutor

Mr D. Yawha for the Defendant

SENTENCE

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1. Introduction
   

1. Mr Kalanu pleaded guilty to threat to kill. He told his former employer in November 2019 in the context of a dispute regarding the loss of his employment, that he would build a coffin, kill Mr Matou and put him inside the coffin. There is evidence that Mr Kalanu had commenced to build the coffin, and it was said he had a bush knife and intended to go to Mr Matou’s house to kill him. When Mr Matou learnt this, he went away and hid. When Mr Kalanu’s family learnt of this, they stepped in and made him see sense.
   
2. There have been 2 custom reconciliation ceremonies. The first was on Tanna and involved a gift of gold, but Mr Matou said he did not see Mr Kalanu there. Accordingly, there was a second ceremony in Port Vila at which Mr Kalanu apologised and handed over mats and VT 100,000. His apology was accepted.
   
3. The two are related as cousins. They now live together in the same community peacefully.
   
4. What was a very heated situation has now settled down with common sense prevailing. Accordingly I see no need for a PSR, nor for any incarceration. I note that Mr Kalanu has no previous criminal convictions.
   
5. Mr Kalanu is sentenced to complete 200 hours of Community work.
   
6. Mr Kalanu has 14 days to appeal his sentence.
   

Dated at Isangel, this 5^th day of October 2021

BY THE COURT

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Justice G.A. Andrée Wiltens