Public Prosecutor v Akuma [2023] VUSC 145; Criminal Case 734 of 2023 (11 August 2023)

IN THE SUPREME COURT OF THE REPUBLIC OF VANUATU (Criminal Jurisdiction)

Criminal Case No. 23/734 SC/CRML

BETWEEN:	Public Prosecutor
AND:	Aldo Akuma Defendant

Date of PLEA: Date of Sentence:	6th June 2023 11th August 2023
Before:	Justice Oliver Saksak

In Attendance:

Mr Jordan Aru for the Public Prosecutor Mrs Jane Tari for the Defendant

SENTENCE

1. Aldo Akuma pleaded guilty to a charge of unlawful entry of a dwelling house (section 143 (1) and to a charge of theft (section 125 (a) of the Penal Code Act [CAP 35]. And he is appearing for sentence today.
   
2. He has been held on remand in custody since 21^st February 2023, a period of more than 5 months now.
   
3. The maximum penalty for unlawfully entering a dwelling house is 20 years imprisonment. And theft carries the maximum penalty of 12 years imprisonment.
   
4. The facts show that in the early hours of 18 January 2023 the lawful occupants left their residence at Mele Beach Area to catch a flight at the Airport. The complainant forgot an item and returned to retrieve it. Upon reaching the house he discovered someone had broken into their home by entering through the back door. The following items were stolen:1 Dell Laptop, a pack bag, a sumsung mobile phone, cash of VT 5,000, a speaker and a hair-clipper. The total value of all items was VT 250,000.
   
5. A CCTV Camera footage was examined and showed it was the defendant who was responsible for the break and enter and theft offences.
   
6. The defendant’s explanation in his pre-sentence report (PSR) was that he was drunk and fell asleep in the veranda of the victim’s house. He then decided to enter the house when he noticed the occupants were gone out of the house. Regrettably this cannot be a mitigating circumstance.
   
7. The defendant has returned all the items that he stole from the victim’s house. And he apologized to the Court for his actions.
   
8. The defendant’s PSR also shows that he committed the same offences in October 2021 for which he was charged and sentenced to 18 months imprisonment. This is an aggravating feature adding seriousness to the offences committed.
   
9. On the defendant’s own admission, he is hereby convicted and is sentenced as follows:
   1. For Unlawful entry- 4 years imprisonment as the start sentence with no uplift.
   2. For theft- 2 years imprisonment as the start sentence with no uplift. These two sentences will run concurrently. The total start sentence is 4 years imprisonment.
      
10. In mitigation I consider first his guilty plea. He is not entitled to the full 1/3 but only to 8 months deduction leaving the balance at 3 years and 4 months.
    
11. Next, I consider his public apology in Court showing remorse and contrition. Further, that he returned all the items he stole. I have read his PSR showing his background character and personal history. For all these factors together, he is entitled to a further deduction of 8 months. The balance of his sentence is 2 years and 8 months.
    
12. Aldo Akuma you are now sentenced to an end sentence of 2 years 8 months as a concurrent sentence for the two offences you committed.
    
13. In Order that you do not lose your parole privilege, I Order that your term of imprisonment is backdated to 21^st February 2023 to cover the period in which you have already spent in custody on remand.
    
14. That is the sentence of the Court for you. You have a right of appeal against this sentence within 14 days, if you so choose.
    

DATED at Port Vila this 11^th day of August 2023
BY THE COURT

OLIVER.A. SAKSAK
Judge