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Public Prosecutor v Banga [2000] VUSC 71; Criminal Case No 010 of 2000 (27 November 2000)

IN THE SUPREME COURT OF

THE REPUBLIC OF VANUATU

(Criminal Jurisdiction)

Criminal Case No. of 2000

Supreme Court Case No.10 of 2000

PUBLIC PROSECUTOR

-V-

ass="Mss="MsoNormal" align="center" style="text-align: center; margin-top: 1; margin-bottom: 1"> JACKIUS BANGA

Coram: Mr Justice Oliver A. Saksak

: 1"> Mr Nicolas – Clerk

Inspector Wilson D. Gara Public Prosecutor

Defendant appears in person

SENTENCE

lass="MsoNoMsoNormal" style="margin-top: 1; margin-bottom: 1"> The defendant pd guilty on 20th October, 2000 a charge of indecent assault on a 6 year olar old girl on 22 August 2000. The charge was laid under section 98(1) of the Penal Code Act [CAP.135] (the Act).

On 13th September, 2he Defendant made an admission to the police. He states thas that he is truly remorseful and that he vows not to repeat his actions. He is 59 years of age. He is a man of clean past record.

Considering those fs in mitigation I consider that this case is serious ious in that it involves a child of 6 years. The Court has to impose a heavy penalty to deter others from committing similar acts or offences. In the circumstances, I consider it appropriate to impose prison a sentence of 2 years but I order that this term of imprisonment be suspended for a period of 3 years from the date hereof.

DATED at Luganville this 27th day of November, 2000.

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BY THE COURT

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Judge


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