A 23-year-old man has escaped jail after pleading guilty to intentional assault, threat to kill and two charges of domestic violence.
In June this year, Thuram Malserake kicked his de facto partner and punched her on both sides of her face. He also punched his partner’s cousin.
He did this out of anger because he was unable to locate his phone. The matter was reported to police and Malserake made admissions.
Intentional assault has a maximum sentence of 5 years imprisonment, threat to kill 15 years imprisonment and domestic violence 5 years imprisonment.
He was given a sentence start point of 1 year and 8 months imprisonment. The sentence was later reduced to his early plea and personal factors. Malserake is a chef by occupation. He and his partner have a young daughter.
Judge G A Andree Wiltens of the Supreme Court stated in the verdict: “I consider suspension is appropriate, as it will have the effect of the holding a sentence of imprisonment over Mr Malserake’s head should he repeat his loss of self-control and take it out on others.
“I do not consider his offending merits immediate incarceration, and I am mindful of his obligations towards his daughter.”
“Accordingly, the sentences are suspended for 2 years. Mr Malserake needs to stay offence-free for 2 years to ensure he does not see this present sentence.”
“Mr Malserake clearly requires some assistance to prevent further offending. Accordingly, he is additionally sentenced to 12 months of supervision, with special emphasis to be placed on anger management and programmes dealing with consumption of alcohol and other substancs.
“Additionally, Mr Malserake is to complete 120 hours of community work.”
He was given 14 days to appeal the sentence.
SOURCE: VANUATU DAILY POST