Public Prosecutor v Garae [2022] VUSC 149; Criminal Case 1877 of 2022 (22 August 2022)

IN THE SUPREME COURT Criminal

OF THE REPUBLIC OF VANUATU Case No. 22/1877 SC/CRML

BETWEEN: Public Prosecutor

AND: Robinson Garae

Accused

Date of Sentence: 22^nd August 2022

Before: Justice EP Goldsbrough

Appearances: Sarai, P for Public Prosecutor

Kalsakau, F for the Accused

SENTENCE

1. Robinson Garare, you have pleaded guilty to an offence of domestic violence which involved you threatening to burn down your house, having poured diesel fuel all around with your family around. You did not carry out your threat but you did frighten your wife and immediate family.
2. For this offence under section 4 (1) (b) of the Family Protection Act 2008 you are liable to a maximum penalty of five years imprisonment. Your offence is made worse because you put your immediate family in fear in their home and you poured diesel fuel whilst you were drunk.
3. The court, taking into account the circumstances of this offence and previous sentences for offences of domestic violence, determines a starting point for this offence of nine months’ imprisonment.
4. You pleaded guilty to this offence at your first opportunity, sparing your family the ordeal of reliving this offence when giving evidence at trial and you have reconciled with your wife and her family in a customary way. You are back together as a family once more. You spent a night in custody following your arrest. These matters may be taken into account when fixing your total sentence. You are given a reduction in sentence of one-third, which takes all of these matters into account.
5. You are of previous good character and have shown remorse, evidenced by your customary reconciliation. There has been no repetition of this type of behaviour. For these reasons, the Court will suspend the sentence of imprisonment in your case. You are therefore sentenced to six months imprisonment suspended for one year.
6. I explain to you the effect of that suspended sentence and remind you of your right to appeal against it, provided that you do so within 14 days from today.
   

Dated at Port Vila this 22^nd August 2022

BY THE COURT

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Justice EP Goldsbrough