Married man rapes 8-year-old
James Ngisa pleaded guilty to 3 counts of unlawful sexual intercourse and act of indecency with a young person.
The maximum sentence for unlawful sexual intercourse is 14 years’ imprisonment. The maximum sentence for act of indecency with a young person is 10 years’ imprisonment.
The sentence starting point adopted is 15 years’ imprisonment on a concurrent basis, taking all the offending into account.
The mitigating factors are as follows: early guilty plea, 33 years old, married with 3 young children to support, used to work for the Baptist Church, earning a small stipend, is a gardener, no previous conviction and plans to perform a custom reconciliation ceremony.
The end sentence imposed by the court is 9 years and 9 months’ imprisonment for unlawful sexual intercourse charges, and 3 years for the act of indecency.
Biological father rapes 13 year-old-daughter
Mavun Ofuofui pleaded guilty to 2 charges of incest.
In this case the maximum penalty for the offending is life imprisonment.
The sentence starting point is 14 years’ imprisonment.
The mitigating factors are as follows: early guilty plea, 34 years old, married with 3 children to support, a farmer by occupation, no previous convictions and he was willing to perform a custom reconciliation ceremony.
The end sentence on both charges concurrently is 9 years and 10 months’ imprisonment.
Father charged with indecency with step daughter
Joseph Sartay pleaded guilty to two counts of acts of indecency with a young person
The maximum sentence for this offending is 10 years’ imprisonment.
However, 2 years’ imprisonment was adopted as the starting point.
The mitigating factors are as follows: early guilty plea, 40 years old, married with 2 children of his own and a step child to support, a farmer occupation, sole bread-winner for his family, participated in a custom reconciliation ceremony, and has no previous convictions.
The end sentence is 10 months’ imprisonment on each charge, concurrently.
Man fatally assaults de-facto partner
Sahe Molu pleaded guilty to a charge of intentional homicide (not pre-meditated intentional homicide).
The maximum sentence for this offending is a term of 20 years’ imprisonment.
The starting point for the sentence that was adopted is 15 years’ imprisonment.
The mitigating factors are as follows: early guilty plea, 34 years old, taxi driver, married to the deceased as the love of his life, has 3 school-aged children and prepared to participate in a custom reconciliation ceremony when his family has collected sufficient gifts for the deceased’s family.
The end sentence is 11 years and 6 months’ imprisonment. There can be no suspension of sentence for such a serious matter.
Young man forced to have sexual intercourse with 18-year-old
Zebedee Obed pleaded guilty to a single charge of sexual intercourse without consent. Upon his rearraignment the charge of abduction was nulled by the prosecution.
Sexual intercourse without consent is punishable by a maximum sentence of life imprisonment. The starting point of sentence is 7 years’ imprisonment.
The mitigating factors are as follows: early guilty plea, no previous convictions, 24 years old and single, his chief speaks highly of him, performed custom reconciliation towards complainant and relatives, earns his income by growing and selling food crops and kava at the Sola Market.
The end sentence is 3 years and 8 months’ imprisonment effective immediately.
Father reports daughter and boyfriend for engaging in sexual intercourse
Clen Baet pleaded guilty to a charge of unlawful sexual intercourse with a young person aged between 13 and 15 years.
The maximum penalty for this offending is 15 years’ imprisonment.
The sentence start point is 3 years’ imprisonment.
The mitigating factors are as follows: pleaded guilty early, 20 years old, single, has no previous convictions, unemployed and performed a custom reconciliation ceremony.
The end sentence is 9 months’ imprisonment.
Man rapes 14-year-old
Bush Baet pleaded guilty to a charge of unlawful sexual intercourse with a young person aged between 13 and 15 years.
The maximum penalty for this offence is 15 years’ imprisonment. The sentence start point is 4 years and 6 months’ imprisonment.
The mitigating factors are as follows: early guilty plea, 30 years old, single, employed at VUI, has no previous convictions and performed a custom reconciliation ceremony.
The end sentence is 2 years and 8 months’ imprisonment.
SOURCE: VANUATU DAILY POST
