15-year-old-raped-5-years-old
On the 23 of May 2024 Mr Dimitri Baba was sentence for 18 months in imprisonment for being pleaded guilty to one count of Indecency with a young person by judge Vincent Lunabek.
The complainant was over the age of 5 years old when the offending took place. Her date of birth was 5th of March 2018.
Mr Baba is 15 years old at the time of the alleged offending, in fact they are related. Baba is her brother-in-law.
The offending took place on the 8th of December 2023. At that time the complainant, her mother and sister were at home. It was in the afternoon when the complainant was about to have shower that Baba committed the act on her.
Mitigating factors
1.       15 years of age at the time of the offending.
2.       You are one of 5 children.
3.       Your mother left you at a very young age. You were then adopted by your mother’s sister. You do not know your father;
4.       You grew up under the care of your grandfather and aunty.
5.       You provide insight for your offending;
6.       During your time in custody, you have rehabilitated, coming to understand your wrongdoing and have learnt a lot spiritually undertaking bible studies. You say that you will not commit such offending again;
7.       The report writer viewed that the lack of parental support and unstable home is a contributing factor to your sexual urges leading to the offending;
8.       Your sexual urges can be addressed through a Sexual Offenders Module to give you the understanding on the pathway to your offending and the truth about factors that led you into your offending. There are various programs run by Probation that you can undertake;
9.       You have joinery skills working with your uncles;
10.   You are a first-time offender.
Judge have Given Mr Baba a reduction of 4 months for his mitigating factors, a further reduction of 33% for early guilty plea.
The remaining balance of his sentence is 22 months imprisonment but he has already spent time in pre-custodial period from 12 December 2023 to 15 April 2024, a total of 4 months. His sentence is reduced to 18 months.
Disclaimer: All information is compiled from the PACLII Vanuatu database and are able to be accessed by the public online.
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