A man in his forties has received a suspended sentence after pleading guilty to an act of indecency and unlawful sexual intercourse with a 14-year-old boy.

The Supreme Court heard that Ishmael Siel, in his caution statement, admitted taking the victim to where he was working at Pango Surfside, believing the victim was a girl. He kissed him and also instructed him to perform oral sex on him. Siel stated the complainant told him that he was 18 years old.

The maximum sentence for act of indecency with a young person is 10 years, and 15 years’ imprisonment for unlawful sexual intercourse.

After considering aggravating factors and previous cases, Judge Beverly Kanas Joshua gave the defendant a sentence starting point of 3 years’ imprisonment for unlawful sexual intercourse, and 12 months for act of indecency with a young person, to be served concurrently.

His sentence was reduced by 25% for his guilty plea.

“The defendant is an adult, married with two children. He should know better than to be committing such acts outside of his relationship, let alone with young boys. This discount brings the sentence to 27 months. I further deduct 3 months for the other mitigating factors, bringing the sentence to 24 months’ imprisonment,” Judge Joshua stated in the verdict.

The judge again reduced Siel’s sentence by 6 months for time served in pre-sentence custody, resulting in a final prison term of 18 months.

Siel is a first time offender and has performed a custom reconciliation while in remand. His pre-sentence report highlighted his good character and positive standing in the community.

Judge Kanas stated that Siel’s act is a one-off incident and, exercising discretion under section 57 of the Penal Code Act [CAP 135], suspended his sentence for 2 years.

However, Siel was warned that if he re-offends, he will be arrested and required to serve his sentence.

The judge ordered that he perform 80 hours of community work, and must also attended one of the rehabilitation programmes offered by the Correctional Department.

Siel was given 14 days to appeal the sentence.


SOURCE: VANUATU DAILY POST