IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Criminal Jurisdiction)
Criminal Case No. 596 of 2000
PUBLIC PROSECUTOR
-V-
KALTO CITANGTANG
Coram: Mr. Justice Oliver A.
Saksak
Mrs Anita Vinabit – Clerk
Inspector Wilson D. Garae for
Public Prosecutor
Defendant appear in person
unrepresented.
SENTENCE
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The defendant first appeared
befo on 20th October, 2000 and pleaded not-guilty toty to rape
but pleaded guilty to unlawful sexual intercourse with a girl under care
and
protection contrary to section 96(1) of the Penal Code Act [Cap. 135]. (the
Act)
Mr. Hilloa appeared for
the defendant on that date but he is not available today and I am tolm told that
he cannot come
to Luganville due to shortage of funds in his office . The
Court therefore decide to proceed in his absence when Inspector
Garae
informs the Court that the Prosecutions was withdrawing the charge of rape
against the defendant .
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As to the chof unlawful
sexual intercourse with a girl under care and protection, the defendant
ant
pleaded guilty .
He admits that the girl was living with him and his wife
for about one year when the incident happened . He made admission
statements
to the Police on 5th Otober, 2000 . According to his own version
of facts the girl had been abusing him and that she had no respect for him .
These made him have bad thoughts about her and led him to do what he did .
The dent has been in
custody for two months now since 5th October, 2000 . Yesteresterday
when he appeared he told the Court that a custom ceremony was held between
his father
and the relatives of the victim of his actions on Sunday 3rd
December . The following items were offered to the relatives of the girl :-
(a) &nbp; &nbssp; &nbssp;
1 an>1 live pig
(pt">(b) &nnsp;&&nsp;;&nspp;&nssp;&nsp;
2 trof k va
(c)">(c) &nnbsp; &nnbsp; &nbp; &nbp;
.000 in cash
(d) stylnt:7.0pt &qut "Tiot;Times Nmes New Roman""> &nbbsp;&&nsp;;&nsp; &nsp; &nnbp;&
A pledge of a of a further 100 trunks of kava still to be harvested.
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Mr. Citangtang Senior was in
Court and he confirmed that this ceremony in fact took place .
I am told by Inspector Garae
that in 1986 in the Senior Magistrate’s Court the defendant appeared on a
charge of a unlawful
sexual intercourse . He was imprisoned for two weeks.
In considering sentence I took
into accountspan>
(a) &nbssp; &nbssp; &nbp;
;
tht cusy mary ceremony, and
: 1">
(b) ;&nbssp; &nsp; &nsp; p; &nnsp;&
sp;
than>the defendant’s plea of guilty .
Due to the defendant’s previous
convictions for a similar charge I consider that a sentence of imprisonment
is necessary
. I therefore sentence the defendant to 5 months imprisonment .
I Order that the two (2) months
he has already spentustody be accordingly deducted from the 5 months .
Th That means
he has a balance of 3 months to serve.
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Dated at Lulle this 5th
day of December, 2000 .
OLIVER A. SAKSAK
JUDGE
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