Mr. T. Gardner for the Prosecution
Mr. Stephen Joel for the Defenc
SENTENCE
I give credit for pleading guilty. That has reduced the
sentence a lot.
I also accept you have no previous convictions, that is
also to your credit.
You told the Police honestly what had happened.
If you had not been honest then the prosecution would probably have had no
case.
I accept you did not intend to rape during the
evening. Your were drunk and the complainant was very drunk.
It was only when you were in the yard that you
decided to have sexual intercourse with a woman who was unconscious and who
could not give consent. Even if a woman is drunk it does not mean you can
have sex unless she agrees.
In all the circumstances I consider the correct
sentence is one of two years imprisonment to run from 11th
December 2000.
I have considered suspending the sentence,
particularly as you are a first offender. I do not consider the sentence
should
be suspended.
Dated at Port Vila this 16th day of
February 2001
BY
THE COURT
J.R.
COVENTRY
Judge
PacLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.paclii.org/vu/cases/VUSC/2001/6.html
