Anthony Kiel was sent to prison for six years after being found guilty to assault related charges.

Kiel , who hails from Tanna pleaded guilty to three counts of unlawful entry against section 143 (1) of the Penal Code CAP 135.

He admitted unlawfully entering three different houses that night.

He was found guilty by the court on one count of threats to kill a person against section 115, one count of Intentional Assault causing temporary damage, contrary to Section 107(b).

He was also found guilty to one count of Intentional Assault causing permanent damage, contrary to Section 107(c) of the of the Penal Code.

Chief Justice Vincent Lunabek said that on July 23, 2019, after a two-day trial conducted, Kiel was found guilty and convicted of these offences charged accordingly.

Chief Justice said that these offences are serious offences as reflected in the maximum penalties imposed by law.

It is noted that some of these penalties were increased by Parliament enactment of the Penal Code (Amendment) Act No. 13 of 2016 coming into force on February 24, 2017.

And he said that while sentencing Kiel, he considered the intention of Parliament to that effect and the serious nature and aggravating circumstances of his offending on the night of December 22, 2018.

On December 22, 2018 in the night between 12am – 2am in the village of Lamtawakel, West Tanna where Kiel was drunk and he unlawfully entered into the first victim’s house.

“You asked her for sex she refused,” Chief Justice said.

“You threatened to kill her with a knife, she shouted causing you to escape.

“You went then to the house of a student girl of 13 years old, she too was already asleep when you unlawfully entered her sleeping house.

“It was when you were sitting on her, squeezing her mouth and trying to have sex with her that she shouted causing you to move away from her and you came back with a stone and threw it at her hitting her at her left shoulder causing her injuries of temporary nature.”

The court said that the injuries were painful and she screamed and on the same night between the same times, Kiel went to the house of another victim.

Chief Justice said that Kiel unlawfully entered her house pushing her door open and used a stone and threw it at her hitting her at her forehead while she was already asleep.

She was shaken and fell off her bed and lost serious amount of blood that night. She also lost two of her front teeth causing her injuries of permanent nature.

Chief Justice Lunabek said that there were degrees of premeditation but not planning. Kiel unlawfully entered the victims’ houses one after the other. The first two unlawful entries were with the motive to have sexual intercourse with the victims but the third unlawful entry the motive appeared to be of frustrations of not having sex with the two first victims or something to that unexplained chain of human irrationalities in such circumstances.

Kiel took a knife when she entered the first victim’s house and used stones to assault two other victims later.

The injuries on the forehead of the third victim is affecting her in doing her daily duties and she feels the pain will have a lasting effect on her depending on her health medications.

“I consider that the aggregate effect of this cumulative sentence of 10 years and eight months imprisonment will be crushing on you as a young and single man of 23 years of age despite your records of previous convictions for these types of offences,” Chief Justice said.

“I pause and reflect on how I can reach a sentence that is just and appropriate in the circumstances.

“I therefore order that the four years imprisonment in counts three and four and the four years imprisonment in counts five and six shall be of concurrent effect which means an effective sentence of four years imprisonment.

“The final sentence is a cumulative effect of the four years and the two years and eight months imprisonment for counts one and two making a total end sentence of six years and eight months imprisonment”.

He then backdated the sentence to December 25, 2018 when Kiel was remanded in custody.


SOURCE: VANUATU DAILY POST