Man rapes person living with disability
Tom Ezekiel pleaded guilty to 1 count of act of indecency without consent and 2 counts of sexual intercourse without consent. He was convicted on his own plea and the admitted facts.
The maximum sentences provided are: sexual intercourse without consent – life imprisonment; and act of indecency without consent – 7 years’ imprisonment.
The sentence starting point is 9 years’ imprisonment, taking all the offending into account on a global basis. The mitigating factors are as follows: guilty plea, 56 years old, separated from this wife and has 2 children, employed by Vodafone and otherwise makes a living from gardening and farming, no previous convictions and performed a custom reconciliation ceremony.
The end sentences imposed concurrently are: sexual intercourse without consent 5 years 6 months imprisonment; and act of indecency without consent is 12 months’ imprisonment.
26-year-old guilty of assault and domestic violence
Austin Charley pleaded guilty to one count of intentional assault and 4 counts of domestic violence. The maximum sentence available where damage is of a permanent nature is 10 years imprisonment. Domestic violence is punishable by a term of imprisonment of 5 years or a fine not exceeding VT100,000. The overall starting point of the sentence is 3 years’ imprisonment to be concurrent.
The mitigating factors are as follows: late guilty plea, 26 years old and is a first-time offender, completed his education at Year 10, has done a one year auto mechanics course at the VIT, unemployed and lived with his parents and a custom reconciliation was performed to the complainants/members of his family. The end sentence on the lead offence (intentional assault) is therefore 2 years’ imprisonment. For each count of domestic violence, the defendant is sentenced to 4 months imprisonment to be served concurrently. The overall concurrent sentence is 2 years imprisonment.
Man sentenced for possession and supplying of cannabis
Julio Talis Malkon has pleaded guilty and accepted the summary of facts relating to 3 charges of possession of cannabis and one charge of supplying cannabis.
The maximum sentence for those offences is a term of 20 years’ imprisonment and/or a fine of up to VT100 million. The starting point for this offending is set at 2 years’ imprisonment.
The mitigating factors are as follows: guilty plea, 31 years old, married with 4 young children, the latest having just recently been born, unemployed and works on a part-time basis as and when he can and has no previous convictions. Taking all of those matters into account, the end sentence that must be imposed is one of 12 months’ imprisonment.
Former detainee guilty of theft
Fathy Jimmy has pleaded guilty and accepted the summary of facts relating to 4 charges; two alleged theft and two alleged unlawful entry.
The maximum sentence for theft is a term of 12 years imprisonment; and due to the nature of the premises unlawfully entered, the maximum sentence for that offending is 20 years imprisonment. The starting point of 21 months’ imprisonment for offences 2 and 3 together; with an uplift for charge 1 of 3 months, and an uplift for charge 4 of 6 months. The mitigating factors are as follows: 31 years of age, single and unemployed, a custom reconciliation ceremony has not been undertaken, but the defendant has indicated willingness.
Taking all of those matters into account, the end sentence that must be imposed is one of 25 months’ imprisonment on charges 2 and 4. In respect of Charges 1 and 3, the court imposed sentences of 3 months’ imprisonment.
Father guilty of incest with daughter
Albert Vuti pleaded guilty and accepted the summary of facts in relation to the charge of incest.
The maximum sentence available for this offence is 10 years’ imprisonment (the law in 2016 when the offending occurred). However, the starting point of 5 years’ imprisonment.
The mitigating factors are as follows: guilty plea, married with two children, a son and his daughter, a subsistence farmer, selling root crops and vegetables, holds a position as a secretary of the council of chiefs at Lovusi Village, as no prior convictions and has performed a custom reconciliation with the complainant. Taking all of those matters into account, the end sentence that must be imposed is one of 2 years and 9 months’ imprisonment.
Taxi driver guilty of unlawful sexual intercourse with a class 6 student
Moroni Takalolo pleaded guilty to one charge of unlawful sexual intercourse.
The maximum penalty for this offence is 15 years’ imprisonment. The starting sentence is 5 years’ imprisonment. The mitigating factors are as follows: guilty plea at the first opportunity, no previous criminal record and has performed a custom reconciliation ceremony.
The end sentence is therefore 2 years and 8 months.
Woman embezzled VT1, 491, 674 from employer
Elodie Temakon pleaded guilty to a charge alleging misappropriation.
The maximum sentence for an offence of this kind is 12 years’ imprisonment. The starting point that was adopted for the offending is 3 years’ imprisonment, which is in line with what both counsels submitted.
The mitigating factors are as follows: 37 years old, formerly living in a de facto relationship with 3 young children (2 in school), no previous convictions and willing to undertake a custom reconciliation ceremony.
The end sentence is 2 years’ imprisonment.
SOURCE: VANUATU DAILY POST
