Man jailed three years for child sex offence in Santo

Sep 8, 2025 | News | 0

The Supreme Court in Luganville, Santo, has delivered judgment in a case of unlawful sexual intercourse and indecency involving a child under 13.

The Court noted that under section 97(1) of the Penal Code [CAP 135], the maximum penalty for unlawful sexual intercourse with a child under 13 years is life imprisonment. For acts of indecency with a young person, the maximum sentence is 10 years as provided under section 9A of the Penal Code.

In assessing sentence, the Court identified several aggravating factors.

These included a breach of trust, the presence of some degree of planning, the fact that the offending occurred within a home where the victim ought to have been protected, the significant age disparity between the defendant and the victim, and the lasting psychological impact on the victim.

The Court also recorded that there were no mitigating factors relating to the offending itself.

Having regard to authorities cited by both the prosecution and defence, and noting that the offending involved digital penetration rather than penile penetration, the Court adopted a concurrent global starting point of five years’ imprisonment.

On the issue of mitigation, the Court recognised that the defendant entered a guilty plea at the earliest opportunity, which demonstrated remorse and entitled him to a discount of 30 percent.

While no Same Day Report was filed, the Court considered personal circumstances provided by defence counsel, namely that the defendant is 26 years old, a first-time offender, and has no prior convictions. For these reasons, a further three-month reduction was applied.

The Court also accounted for 21 days previously served in custody on remand before bail was granted, allowing a further one-month reduction.

The defendant was accordingly sentenced to a concurrent term of three years’ imprisonment, effective immediately.

The Court directed that the Correctional Centre Manager must notify the Court if the defendant fails to surrender himself to custody by 4.00 pm on the same day.

The Court advised that the defendant has 14 days to appeal if he is not satisfied with the sentence.

The judgment was delivered on 29 August 2025 in Luganville by Judge Dudley Aru.

SOURCE: VANUATU DAILY POST

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