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Supreme Court of Vanuatu |
CRIMINAL JURISDICTION
CRIMINAL CAS 37 OF 1997PUBLIC PROS PROSECUTO p>
-v-
LORREN SALILI
Coram: Mr Justice Oliver A. Saksak
Counsel: Mr Willie Daniel for the Public Prosecutor
Mr Raynold Liu for the Defe DefendantSENTENCE
The defendant appeared before this Court on 8th September, 1997. He pleaded guilty to a charge of Indecent Assault Contrary to section 98 (1) of the Penal Code Act CAP. 135.
Briefly the facts of the case were that on 21st April 1997 the defendant indecently assaulted his grand-daughter. The girl is 10 years of age. Her birth certificate confirms it. The incident occurred for the first time in 1996. The defendant a 65 year old grandfather admitted the acts and admitted that he had done it on several occasions prior to 21st April 1997.
In mitigation Mr Liu invited the Court to take into account the age of the defendant being 65 years. That the defendant had 9 children 4 of whom have died and 5 are living. That he no longer has gainful employment. That the defendant has sold a plot of land for VT 8 million and has out of the proceeds purchased three other plots of Fres Wota. That he has expended some of the proceeds of sale on a bus being used as a public transport. That the defendant is the caretaker of the victim whose fat-her is on Santo and mother is non-resident at home. That the defendant admitted the acts freely and not concealing anything. That the defendant realised that he did wrong and the possibility that he would not re-offend. That the victim's statement was taken in the presence of her mother. That the defendants was placed in a situation which easily provoked his actions. Finally Mr Liu invited the Court to consider alternative punishment to a custodial sentence. He referred the Court to use Section 3 of the Suspension of Sentence Act CAP 67 to impose a fine of VT 1,000 per week for the maximum sentence of imprisonment imposed. Section 3 reads:
"POWER TO IMPOSE SUBSTITUTED OR ALTERNATIVE PENALTY OF FINE OF FINE
3. Where in any Act, regulation, rule or order a penalty of imprisonment is provided for any offence without alternative penalty the Court may in its discretion impose a fine either in lieu thereof or as an alternative penalty, which fine shall not exceed a sum calculated at a rate of Vt 1,000 for every week of the maximum term of imprisonment provided"
This is a serious sexual offence which carries a maximum of 10 years imprisonment. To award an alternative penalty of a fine of Vt 1,000 per week would mean the defendant having to pay Vt 1,000 per week for 10 years. This in my view is an impossibility for the defendant who is 65 years of age with no gainful employment.
I accept that the defendant is 65 years old but I am not satisfied that his actions reflected the behaviour of a 65 year old man. His actions suggest that the defendant is still active sexually and that in the view of the Court is a threat to the victim. The victim, a 10 year old girl is still living at her grandfather's resident. The Court has said this many times in the past to sexual offenders and this defendant must be treated in the same way.
The defendant's admission earned him some credit as his doing so has avoided a lengthy and costly trial. But as I have already indicated this offence is serious and carries a maximum of 10 years imprisonment. Having considered all that was said in respect of him in mitigation I consider that the least the court could impose is 2 years imprisonment. At the back of my mind I have sympathy for an old man of 65 years of age but at the same time I am conscious of the possibility of an early release or pardon as we have seen on numerous occasions in the post. If this should happen, at least the defendant would have received some punishment for his selfish actions.
He was advised of his right to appeal within 14 days.
DATED at Port Vila this 8th day of September 1997.
SEALED this 17th day of September 1997
BY THE COURT
OLIVER A. SAKSAK
JUDGE
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