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Public Prosecutor v Joshua [2001] VUSC 123; SC 007-01 (6 September 2001)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU

(Criminal Jurisdiction)

Criminal Case No.7 of 2001

PUBLIC PROSECUTOR
-VS-
MICHAEL JOSHUA

Coram: Before Judge Oliver A. Saksak
Mrs Mandeng John – Clerk

Counsel: Mr Wicliff Tahi for Public Prosecutor
Mr Hillary Toa for the Defendant

Plea in mitigation by Mr Toa

Defendant exercised his right to defend his case under the law according to his belief.

Victim was a married women living in the same community in which he lives. Husband is related to him.

He now has a conviction. To the future no aggravation of the incident no physical injury showing victim suffered physically. Emotionally life of victim is not disturbed. No continuous treatment of victim. Forgiveness and reconciliation to put back trust and confidence between families and relatives. He has not said he will not perform a custom ceremony. Now his biggest challenge is that he is a disable person. He has lost his reproductive organ in his body – he cannot get an erection after a string was removed from his right thigh – as a result of injury sustained by police assault. He has no capacity of sexual intercourse. Already this is a big punishment. He has to live with that fact for the rest of his life. This man is only 22 years. He is a loser – he has lost more than he has bargained for. He has lost his property at home – garden and horse and kava. He wants to serve his term – to carry out his responsibility. Medical report by Dr Vohor – Not in documents. He is remorseful at his actions. He is very ashamed at what happened. Court is asked to be lenient to impose a sentence of less than 3 years.

No reply by Prosecutor.

Court - After taking into account mitigating factors this is a case which warrants a custodial sentence.

Sentence: 3 years imprisonment commencing from 6^th September, 2001.

Right of appeal – within 14 days advised.