PUBLIC PROSECUTOR
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-V-
Coram: Mr Justice Oliver A
Saksak
Mr William Falau - Clerk
Counsel: Inspector Wilson Garae,
e Prosecutor for Public Prosecutor
Mr Hillary Toa for the
Defendant
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SENTENCE
This Defendant is 16 years old.
He appears before me today charged with rape contrary to sections 28 and 91,
indecent
assault contrary to section 98(1) and unlawful sexual intercourse
contrary to section 97(1) of the Penal Code Act [CAP.135] (the Act).
Inspector Garae applies to have
the charges of rape and unlawful sexual intercourse against the defendant
dismissed. The
Court dismisses the charges of rape and unlawful sexual
intercourse accordingly. With regard to indecent assault the defendant
pleaded guilty to the charge on 18th August 1998.
It is alleged that on 4th April
the defendant indecently assaulted a little girl of of yeaf years old. This
happened in
the bushes at Saranamundu area, West Ambae. This girl was
returning from school with two other little girls. At a certain place
the
girl told her two friends to wait for her while she would go into the bushes
to answer the call of nature. Whilst
there the defendant came to her,
grabbed her and attempted to have sexual intercourse with her. It is alleged
that the
defendant also inserted his finger into the girl's vagina. She felt
pain and cried and there was bleeding. The defendant told
her to tell a lie
to her parents if she was found out. It transpired that she was found out
and taken to hospital. She
was checked and a medical report shows graces on
both libia with blood flow. She was treated with penicillin and panadol
tablets.
The defendant admits that he
indecently assaulted the little girl. The Court is told that the defendant
is truly remorseful
about his actions. Since his arrest on 4th April until
released on bail on 18th August, 1998 the defendant has had a taste
of what
prison is like and he is terrified by it all. I am told there has been a
customary peace ceremony but not the
full details of which were available to
the Court. It is submitted by Mr Toa that the medical report does not show a
ruptured hymen but only bruises which caused the blood flow which caused
only temporary injury.
It is submiby Mr Toa that
as a 16 year old boy the defendant by virtue of section 38 of the Pena Penal Code
Act cannot be given a prison sentence and that the Court should consider
imposing a different form of punishment.
On the defendant's own pl
guilty the Court records a conviction against the defendant. Having
considereddered his age
in regard to section 38 of the Penal Code Act, I consider
that this is a case which the Court should impose a sentence of imprisonment
on the defendant as a deterrence
to him and other young boys. But this
sentence would be suspended having regard to the provisions of the
Suspension of
Sentence Act [CAP.67].
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I therefore sentence the
defendant to a term of 3 years imprisonmuspended for a period of 3 of 3
years.
DATED at Luganville this 21 day
of October, 1998.
Sealed, 27th October, 1998.
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BY THE COURT
OLIVER A SA/span>
Judge of the Supreme Court
