Public Prosecutor v Mahit [2024] VUSC 327; Criminal Case 1658 of 2024 (13 September 2024)

IN THE SUPREME COURT OF Criminal

THE REPUBLIC OF VANUATU Case No. 24/1658 SC/CRML

(Criminal Jurisdiction)

PUBLIC PROSECUTOR

v

SANDY MAHIT

Date: 13 September 2024

Before: Justice V.M. Trief

Counsel: Public Prosecutor – Mr K. Massing

Defendant – Mrs C. Dehinavanua

SENTENCE

1. Introduction
   

1. The Defendant Sandy Mahit pleaded guilty to malicious damage to property contrary to s. 133 of the Penal Code [CAP. 135] (Charge 1), threat to kill contrary to s. 115 of the Penal Code (Charge 2) and domestic violence contrary to para. 4(1)(b) and (e) and subs. 10(1) of the Family Protection Act 2008 (Charge 3). He is convicted on his own pleas and the admitted facts.
   

2. Facts
   

2. Mr Mahit is 36 years old and the biological son of the 63-year-old complainant Dorothy Paul.
   
3. At lunchtime on 31 December 2023, Mr Mahit came home drunk. He became angry because his mother did not give him the shop keys. He went outside, and threw a stone twice at her bus, damaging its windscreen (part of Charge 3). He also damaged her electric pot and a bottle of sugar (Charge 1).
   
4. When Mrs Paul scolded him, Mr Mahit threatened her saying, “Bae mi kilim yu ded mo bonem haos blong yufala iet ia” (‘I will kill you dead and burn down your house at some point’) (part of Charges 2 and 3).
   
5. This was not the first time that Mr Mahit had made threats to kill. He had done so many times previously when Mrs Paul’s husband was still alive. Mrs Paul is more worried because since her husband passed away, Mr Mahit has started to act on these threats (part of Charge 2).
   
6. He elected to remain silent during his Police interview.
   

100. Sentence Start Point and Mitigation
     

7. The sentence start point is assessed having regard to the maximum sentences available, and the mitigating and aggravating factors of the offending.
   
8. The maximum penalty for the offence of threats to kill a person is 15 years imprisonment and for the offence of domestic violence is 5 years imprisonment and/or a fine not exceeding VT100,000. The maximum sentence for malicious damage to property is 1 year imprisonment and/or VT5,000 fine.
   
9. It is an aggravating factor of the offending that the threat to kill was made to a vulnerable, older woman as well as the gross breach of trust, the repeated threats over time, the escalation of violence, the fear and anxiety caused to the complainant, and that part of the offending occurred in the complainant’s home where she was entitled to be safe.
   
10. There are no mitigating aspects of the offending. It is no excuse that Mr Mahit was under the influence of alcohol nor that he was angry when he committed the offending.
    
11. The global sentence start point that I adopt, taking all matters into account, is 4 years imprisonment.
    
12. Mr Mahit pleaded guilty at the first available opportunity. However, the strength of the Prosecution case meant he had little option but to plead guilty. A quarter is deducted from the sentence start point.
    
13. Mr Mahit is 36 years old, and has a prior conviction for dissimilar offending. He is single. He has worked overseas on seasonal employment. He is currently unemployed. Two months are deducted from the sentence start point for Mr Mahit’s personal factors.
    
14. Mr Mahit was remanded in custody for 4 months and 12 days (3 January 2024 to 15 May 2024), effectively 9 months imprisonment. Accordingly, a further 9 months is deducted from the sentence start point.
    

4. End Sentence
   

15. The sentencing principles applicable in this case are holding Mr Mahit accountable for his conduct, to denounce the criminal conduct and emphasize public disapproval of such offending, to protect the community, and to deter him and others from acting in this manner in future.
    
16. Taking all of those matters into account, the end sentences imposed concurrently are as follows:
    
    1. Threat to kill (Charge 2) – 2 years 1 month imprisonment;
    2. Domestic violence (Charge 3) – 2 years imprisonment; and
    100. Malicious damage to property (Charge 1) – 7 months imprisonment.
17. There will be no suspension of sentence. The offending is too serious and there are no exceptional circumstances to warrant suspension of sentence. Mr Mahit is to begin serving his sentences of imprisonment immediately. The Manager of the Correctional Centre in Port Vila is to inform the Court if Mr Mahit has failed to present himself by 4pm today to begin serving his sentences.
    
18. Mr Mahit has 14 days to appeal against the sentence.
    

DATED at Port Vila this 13^th day of September 2024

BY THE COURT

.................................................

Justice Viran Molisa Trief