Only 4-year jail term for man who raped daughter with disability

A man has been sentenced to 4 years in jail for raping his 9-year-old daughter with special needs on July 31 last year.

The Supreme Court heard that the victim’s mother does everything for her including feeding and bathing her. The incident occurred when the mother left her alone to harvest cabbage in the garden after having wine with the defendant and a neighbor. She found out on her return, took the victim to the hospital and lodged a complaint with the police. Her partner was arrested and admitted the offending.

“The offending is aggravated by the fact that it occurred in a home where the victim is meant to feel safe and be protected, there is an age disparity, the victim was exposed to the risk of sexually transmitted diseases and finally the victim was helpless as a child with special needs,” Judge Dudley Aru stated in the court verdict of last month.

The maximum penalty for unlawful sexual intercourse is imprisonment for life.

After considering the aggravating factors and previous similar cases, Judge Aru gave the rapist a sentence starting point at 8 years’ imprisonment, which was later reduced due to his early guilty plea. His sentence was further reduced since he is a first-time offender and he is an active member of his community.

The rapist’s imprisonment is effective starting from August 6, when he was remanded into custody. He was given 14 days to appeal the sentence.

Young mother gets suspended sentence for killing abusive partner

A 25-year-old woman who pleaded guilty to assaulting her partner to death on June last year has been given a 3-year suspended sentence.

The Supreme Court heard that Sabrina Iaput assaulted the deceased three times on the head with a piece of wood.

Judge Dudley Aru set the sentence starting point at 10 years’ imprisonment, after considering aggravating and mitigating factors, and previous similar cases.

The sentence was reduced by 33% for her guilty plea and another 12 months for personal factors and time spent in custody on remand.

The defendant had been in a de facto relationship with the deceased since 2014, and is praised by her chief for her faithfulness, and now cares for four children while hoping to complete her studies and become a teacher.

Her lawyer argued for a suspended sentence, highlighting 10 years of abuse by the deceased.

“That she was trapped in a cycle of abuse exacerbated by financial dependence, fear of retaliation and a deep sense of powerlessness. It was further submitted that on the day of the offending the defendant was subjected to another violent of episode of abuse. In response, she acted out of fear for her children’s life and her own life and safety. It was submitted that the offending did not occur in a vacuum but in the context of a Battered Woman Syndrome (BWS),” according to the verdict of last month.

The Prosecution argued against a suspended sentence, citing no extenuating circumstances or factors to justify it.

The judge accepted the suspended sentence and ordered the defendant to undertake the Niufala Rod Program, warning that reoffending would result in custody.

She was given 14 days to appeal the sentence.

Drug offender reoffends just shortly after receiving sentence

A 25-year-old man was sentenced to 10 months’ imprisonment for reoffending with a similar offence just two weeks after receiving a suspended sentence.

Kambol Macreveth pleaded guilty to possessing 2.072g of cannabis in August 2024.

This was not Macreveth’s first conviction; he was sentenced to 10 months’ imprisonment for cannabis cultivation and possession on July 24, 2024. The sentence was suspended for 2 years, and he was sentenced to 60 hours of community work.

The next offence occurred about two weeks just after he was sentenced.

Judge Marie A. Mackenzie reduced Macreveth’s 6-month sentence by 1.5 months, but later increased it by 1 month to account for his recent conviction.

The defendant had spent four months in custody on remand, but due to reoffending, he will now serve the 10-month imprisonment from his previous conviction.

“You did accept responsibility, but offending so soon after the suspended sentence was imposed indicates that you did not take the sentencing process seriously, or at least it had little deterrent effect,” stated Judge Mackenzie.

Macreveth’s sentence commenced from August 5 last year when he was remanded in custody.

He was given 14 days to appeal the sentence.


SOURCE: VANUATU DAILY POST