Public Prosecutor v Tawi [2022] VUSC 194; Criminal Case 2394 of 2022 (2 November 2022)

IN THE SUPREME COURT OF THE REPUBLIC OF VANUATU (Criminal Jurisdiction)	Criminal Case No. 22/2394 SC/CRML
PUBLIC PROSECUTOR v	REMON TAWI

Coram: Hon. Justice Oliver A. Saksak

Counsel: Mr K. Massing for the State
Mrs M Bakeo for the Defendant

Date of Plea: 4^th October 2022

Date of Sentence: 2^nd November 2022

SENTENCE

1. Remon Tawi is for sentence today having pleaded guilty to 2 counts of domestic violence on 4^th October 2022.
   
2. This offence carries a maximum penalty of 5 years imprisonment or a fine not exceeding VT100,000.
   
3. The offences were committed on 28 August 2020 at Salili area, Port Vila. The victim and complainants were Christiane Benedict, the defendant’s daughter and her partner.
   
4. The defendant took a piece of “burao” tree and hit her daughter on the legs causing her pain to her body. At the same time she abused the complainant and her partner by swearing at them.
   
5. The only explanation given for the assault was that the complainant had worn a defendant’s skirt which she denied. This made the defendant angry and did what she did.
   
6. That did not give her excuse to use a stick to beat up her daughter and abuse her together with her partner.
   
7. The aggravating features of the offences were that this happened within the confines of the family home where the complainant should feel safe and protected. A stick was used on both legs causing pain to the victim who was her very own daughter. There was a serious breach of trust. The victim was 18 years old compared to her mother of 43 years. The violence was done to two separate victims.
   
8. Taking those features into account, I set the start sentence for the defendant at 2 years imprisonment on each count but is made concurrent. This is to mark the seriousness of the offence, to deter the defendant and like-minded persons, to mark public disapproval of the actions of the defendant, to protect the weak and vulnerable members of society and to punish the offender adequately for her offendings.
   
9. In mitigation, I take into account her guilty plea for which 1/3 is deducted, which is 8 months reduction.
   
10. For other factors such as reconciliation, previous clean character and past record and her personal history, I allow a further reduction of 4 months.
    
11. That leaves her end sentence to be 12 months or 1 year imprisonment.
    
12. I consider that this sentence should be suspended under Section 57 of the Penal Code. This means the defendant does not go to prison today but will return home but must be of good behavior and offence-free for the next 2 years from today’s date. If she commits this offence again or any other offences for which she would be charged and convicted, she will go to prison for 12 months.
    
13. That is the sentence of the Court for the defendant. She has a right of appeal against this sentence within 14 days.
    

DATED at Port Vila, this 2^nd day of November, 2022.

BY THE COURT

Oliver A. SAKSAK
Judge.