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Public Prosecutor v Niavis [1999] VUSC 6; CRC 009 1998 (25 February 1999)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU

CRIMINAL JURISDICTION

CR No. 9 of 1998

PUBLIC PROSECUTOR

-v-

JOE NIAVIS

Public Solicitor for the Defendant.

RULING

The Court adjourned today 25^th February 1999 for ruling by the Court whether to accept the plea of guilty or not. At the close of the reading of several statement, the counsel agrees to all statement as read except there was some mistakes as to the number of assault by the Defendant which the Defendant said he punched her four times while the other witness the number of punches were less than four. In my view of these ……………., I will verify what the defendant said in his statement as to four punches to the deceased body.

The defendant was charges under section 107 (b) of the Penal Code Act which states:

(a) No person shall commit intentional assault on the body of another person

(b) if the damage caused result in death, although the offender did not intend to cause such death is still guilty and be imprisoned for 10 years as maximum penalty.

The tendered statement and ……………….admission form the defendant show that the defendant did assault the deceased and that as a result she died. The medical report confirm the fact that she died on the 8^th march 1998. The assault caused on abdomen……………….injuries of which in the peritoneal cavity there were large quantity of blood assumed to be ……………………………… of small and large bowel. This is secondary to rapture spleen but for the deceased it was a ruptured spleen.

The law under section 107 (b) is simply saying where a person intentionally assault and then the person and the damage cause the death of another, he is guilty of the offence under section 107(b).

In the defendant’s case, he did assault the deceased and he intended to assault her. He caused injuries to the abdomen………………..areas causing rupture and causing the death of the deceased. The Defendant was the person who caused that damage resulting to her death. With these to say I am satisfied to accept the plea of guilty. I do find the defendant guilty as charged.

DATED AT PORT VILA this 25^th Day of February 1999

R. MARUM. MBE
JUDGE