Public Prosecutor v Jodie [2024] VUSC 383; Criminal Case 2774 of 2018 (31 October 2024)

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

Criminal Case No. 18/2774 SC/CRML

BETWEEN:	Public Prosecutor
AND:	Nase Jodie Defendant

Coram:

Justice Dudley Aru

Counsel:

Mr. K. Massing for the Public Prosecutor Mr. L. Malantugun for the Defendant

SENTENCE

1. Mr Nase Isaac Jodie you appear for your sentencing today.
   
2. You were jointly charged along with a number of defendants with unlawfully entering a dwelling house (count 4), criminal trespass (count 5) and theft (count 6). You pleaded guilty to these charges. The sentence was delivered on 3 August 2020 by Justice G A Andre Wiltens in Public Prosecutor v Colin Natonga & Ors Criminal Case No 18/2774. You did not appear for the sentence and a warrant was issued for your arrest.
   
3. Regarding the facts of your offending, I adopt the same facts as set out in Justice Wilten’s sentence. I also adopt the same starting point of 3 years imprisonment as the starting point of your sentence.
   
4. You pleaded guilty at the first available opportunity therefore your sentence start point is also reduced by 33%. The mitigating factors submitted on your behalf and accepted by Justice Wilten’s are that you have families who depend on you, you cooperated with the Police and have no previous convictions. Taking these factors into account I reduce your sentence by 4 months as well.
   
5. I therefore sentence you to an end sentence of 1 year 6 months imprisonment on the charge of unlawful entry. On the charge of theft and criminal trespass I impose sentences of 9 months imprisonment. All the sentences are to run concurrently.
   
6. In view of the fact that you breached your conditions of bail by not appearing in Court for your sentence, the sentence will not be suspended and is effective from 1 October 2024 when you were remanded into custody.
   
7. You have 14 days to appeal if you disagree with this decision.
   

DATED at Port Vila this 31th day of October, 2024.
BY THE COURT

Dudley Aru
Judge