Court Briefs – 28 Jan 2022
January 28, 2022
58-year-old entrepreneur jailed for rape Lisong Kallan Malsaye pleaded guilty to one charge of sexual intercourse without consent. The maximum sentence is life imprisonment. The sentence starting point is 6 years’ imprisonment. The mitigating factors are as follows: pleaded guilty at the first opportunity, has acknowledged his wrong-doing, has no previous convictions, 58 years old, married with three children, he is an entrepreneur, having recently completed 7 bungalows for his guesthouse business. He is regarded as a leader within his community including being part of an anti-corruption group appointed by the Police. Taking all of these matters into account, the end sentence that is imposed is 4 years and 8 months’ imprisonment. 11-year jail term for man who raped 19-year-old Simon Pakoa Willie pleaded guilty to sexual intercourse without consent and intentional assault. The maximum sentence for sexual intercourse without consent is life imprisonment, and intentional assault is 5 years’ imprisonment. The sentence starting point is 14 years’ imprisonment, taking both offences into account concurrently. The mitigating factors are as follows: 26 years old, in a de facto relationship, and with 2 young children, works in a construction company, has no previous convictions, indicates an acceptance of his wrong-doing and for the prompt guilty pleas. The end sentence imposed on the sexual intercourse without consent is 9 years 10 months’ imprisonment, as well 1 year and 6 months’ imprisonment for the intentional assault charge. Jail term for Bus driver who raped family member John Huri was charged with one count of sexual intercourse without consent (count 1). Sexual intercourse without consent is punishable by a maximum sentence of life imprisonment. However, the starting point of this sentence is 8 years’ imprisonment. The mitigating factors are as follows: pleaded guilty, no pre-sentence report was filed, 32 years old, the breadwinner in his family, earns his income by driving his own service bus, lives in a de-facto relationship and has a baby daughter. The end sentence is rounded off to 4 years’ imprisonment, effective from 19 October 2021 when the Defendant was remanded into custody. Man guilty of making false declaration over possession of cannabis Ben Nicholas pleaded guilty to one charge each of making false declaration to Customs and possession of cannabis. The maximum sentence for false declaration to Customs is 6 months’ imprisonment or a fine not exceeding VT5 million, or both. The maximum sentence for possession of cannabis is 20 years’ imprisonment or a fine not exceeding VT100 million, or both. The mitigating factors are as follows: pleaded guilty at the first opportunity, 22 years old, has no previous convictions, currently responsible to provide care and support to his ill father and his younger brother who is a person with disabilities. He does so by selling copra and cocoa. Additionally, the Defendant has a 2-year-old daughter and a de facto partner. He wishes to pursue further studies at the Maritime College so that he can become a Captain one day, like his father. Taking the above matters into account, the end sentence that the Court imposed on Nicholas, pursuant to section 56 of the Penal Code is to order the Defendant to come up again before the Court for sentence if called upon within a period of 12 months. Accordingly, there is no sentence imposed for the offences at this stage – and if Nicholas does not reoffend in any way in the next 12 months, he will not be sentenced for this offending. However, if Nicholas does re-offend in any manner, he will be called up to be sentenced for these offences – as well as any other sentence he may receive. 150 hours of community work for unlawful entry Ali Peter pleaded guilty to one count of unlawful entry of a dwelling house and one count of theft. The maximum sentence available for unlawful entry of a dwelling house used for human habitation is 20 years’ imprisonment. For theft, the maximum sentence is 12 years’ imprisonment. Therefore, an overall starting point of sentence at 3 years’ imprisonment. The mitigating factors are as follows: pleaded guilty, no Pre-Sentence Report was filed as directed, young offender and has spent roughly 35 days in custody. He was ready to do custom reconciliation. The end sentence is 1-year imprisonment on the lead offence. For theft, the defendant is sentenced to 4 months’ imprisonment to be served concurrently. In addition, the sentence will be suspended for a period of 2 years and the Defendant will perform 150 hours of community work. SOURCE: VANUATU DAILY POST
