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Public Prosecutor v RY [1993] VUSC 19; CRC 045 1993 (7 July 1993)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU

CRIMINAL CASE No. 45 OF 1993

BETWEEN

PUBLIC PROSECUTOR

AND

R.Y.

Coram: J.W. VON DOUSSA AJ

Prosecutor: HILARY TOA
Defence: STEVEN JOEL - PUBLIC SOLICITOR

REASON FOR JUDGMENT

You have pleaded guilty to 2 counts of unlawful sexual intercourse. You are a young man of 16 years and you were 16 years and half when these offences occurred and the girl involved is also a young person who was a relative of yours and who was also one of your school friends. It seems that you had a long relationship with her which over the years, it turned into a sexual one. In view of your young age I don’t propose to go into the details of the offences in public. But the law is quite clear that it is a serious crime for anybody, any man to have intercourse with a young girl. The law intends to protect girls even though they may appear to be consentive. This recognises that sometimes young girls don’t realise the significance of what they’re doing.

Because you’re a young man, because you’ve not been in trouble before, because you’ve done well at school and have a position in the trade school here, it is appropriate that you be given another chance before you’re sent to jail. I propose to make an order which will release you today but will require you to come back before this court at anytime in the next 2 years if you don’t behave yourself. If you get on with your school work, keep out of trouble, at the end of 2 years it’s all finished. But if you get into trouble, you’ll be brought back here and you’ll be dealt with for the two offences that you’re here today about, and if you’re found guilty you’ll be sent to jail for these offences and in addition you’ll get punished for whatever other offence you’ve committed that bring you back before the court.

I will give you an example. If you go back to your village and have anymore sexual contact with this girl, you’ll be brought back here and you’ll go to jail for the two offences that you’re here for today, and you’ll go to jail again for that next sexual contact. You’ll make a proper mess of your life. If you behave yourself, that’s the end of it.

I make the following orders:

1. The first order will be that on each of the charges you’ve been convicted of the offence of unlawful sexual intercourse.

2. Secondly, pursuant to Section 42 of the Penal Code, and having regards to the circumstances of the offence and the character of the offender, order that the offender appear for sentence before this court if called upon at any time within two years from today, subject thereto you are released on the conditions that for a period of two years, you be of good behaviour.

3. I order that there be no publication of the name or identifying pictures of the victim or of the accused.

Dated this 7th day of July 1993 in Luganville Santo, VANUATU.

J.W. VON DOUSSA
Acting Justice