Home
| Databases
| WorldLII
| Search
| Feedback
Supreme Court of Vanuatu |
IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
HELD AT LUGANVILLE/SANTO
(Criminal Jurisdiction)
Criminal Case No.60 of 1999
PUBLIC PROSECUspan>
-VS-
TORA VUTI
ass="MsoNoMsoNormal" style="margin-top: 1; margin-bottom: 1"> Coram: Before Mr Justice Oliver A. Saksak
Ms Cynthia Thomas - Clerk
Ms Kn Tavoa for the Public Prosecutor
Mr Hillary Toa for the Defendant
SENT/span>
Charge: Rape contrary to section 90 and 91 of the Penal Code Act Cap.135.
Arraignment: The Defendant was re-arraigned on the instructions of his
counsel on one only count of rape to which he pleaded guilty.
Brief Facts
: On or about 14 June 1999 at the defendant's nt's house at Chapuis, Luganville the defendant asked the victim into his house and locking the door behind them, they both sat down on a bed looking at a certain book containing all a teenage boy or girl should know. All this ended up with the defendant having sexual intercourse with the victim who was then 15 years old without her consent or which consent was obtained by the use of force. After the intercourse the victim bled profusely and on returning she was seen by one Olive Reuben on the road with blood who took her to her mother. They both made statements confirming that they saw blood on the victim. The medical report of 14th June 1999 confirms too much bleeding for which she required hospitalisation for one night. The victim was a student. ass="MsoNoMsoNormal" style="margin-top: 1; margin-bottom: 1"> Mitigating Factors: The defendant is a 24 year old boy who is a qualified diver and at the time of the commission of the offence he was employed by Aqua Marine as a tour dive-guide. He is qualified in areas of Advanced, Rescue Mission, Navigator and Special Night Diving. He proved himself when he was involved in two rescue missions saving two human lives in marine accidents. He supports his nephews who are at school paying vt3,000 per term or vt12,000 per year. He also assisted his mother and other defendants before the commission of the offence. He has been in jail for 8 months since 4th June 1999 and is Chairman of Inmates Welfare Committee. He also acts as an escort for inmates who attend hospital for treatment. He assists inmates to raise money by selling the crops they grow and he is responsible for the keeping of the money which so far amounts to vt11,000.
truly sorry for what he did but has not had the opportunity of reconciliation with tith the victim's families. I am told that the defendant is in a reformed state and he is willing to lead a good life after all this trouble.
The defendsked for an opportunity to address the Court personally which was granted. He apologiologized for pleading not-guilty in June 1999 and indicated that he has forgiven the girl and her relatives quoting the scriptures about forgiveness in Matthew 6:14-15.
Conviction and Sentence
<
Upon the defendant's own plea of guilty the Court convicts him ofcount of rape. Rape is a ve a very serious offence carrying maximum penalty of life imprisonment. This case is similar to that of Public Prosecutor -v- Kalmet Kaltabang. There the defendant thought that the victim would be an easy person to agree to sexual intercourse. When he found to the contrary the defendant used force to obtain consent to sexual intercourse. The defendant was sentenced to 18 months imprisonment. Here, I take into account the mitigating factors as submitted by Mr Toa on his behalf and sentence the defendant to 16 months imprisonment. I order that the 8 months which the defendant has already spent in custody be accordingly deducted from the 16 months sentence. This means that the defendant will serve only the balance of 8 months in jail.
DATED at Luganville this 23rd day of February, 200pan>
BY THE COURT
OLVIER A SAKSAK
Judge
PacLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.paclii.org/vu/cases/VUSC/2000/5.html