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Supreme Court of Vanuatu |
IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Criminal Jurisdiction)
CRIMINAL CASE No.19 of 2002
PUBLIC PROSECUTOR
-v-
NORMAN LIGO
Coram: Chief Justice Vincent Lunabek
Counsels: Ms Myranda Forsyth for the Public Prosecutor
Mr. Stephen Joel for the Defendant
JUDGMENT
The Defendant is charged with the following counts:
(1) Unlawful Entry, contrary to Section 143 of the Penal Code Act.
(2) Malicious Damage to Property, contrary to Section 133 of the Penal Code Act.
(3) Arson, contrary to Section 134(1) of the Penal Code Act [CAP.135].
On 3 April 2002, the Defendant pleaded guilty to the three (3) above counts. The case was adjourned to 15 April 2002 at 3.30PM o’clock for sentence.
The three (3) allegations arise from an incident occurring on 15 February 2002 in the early hours of the morning at a house rented by Mr. Kunitomo Mamoru. The complainant in the case was Ms Yvone Namel. She was Mr. Kunitomo’s house girl and was also living in a room of that house. The Defendant and Yvone had had a previous relationship.
During that period the Defendant lived with the complainant in the house. That relationship had ended on 11 February 2002. On 13 February 2002, the Defendant come to the house where the complainant lived and had argued with her and in the course of the argument, the Defendant threatened the complainant. Yvone, then, went to stay with her parents at Seaside, Port-Vila. On 15 February 2002, the Defendant arrived at 4.30AM in the morning at Ms Yvone’s room after he had some alcohol. When he arrived, the door was closed so he pulled out a window and jumped into Yvone’s room. Yvone was not there. The Defendant became enraged and lit the gas stove in the kitchen. He then put all of Yvone’s clothes on top of the stove. He then left the house. The fire that he lit continued to burn and caused damage to the kitchen before it was put out by Mr. Kunitomo with the help of his neighbours.
Under Section 143 of the Penal Code Act, an offence is committed when a “person enters or is in any house, building, tent, vessel or other place with intent to commit an offence therein.”
The facts show that the Accused was in the house and when he found out that Ms Yvone was not in the room, he formed the intent to commit the offence of arson. He pleaded guilty to the offence of Unlawful Entry, contrary to Section 143 of the Penal Code. He is convicted and sentenced to pay fine of 10,000 Vatu.
The Accused pleaded guilty also to the offence of malicious damage to property, contrary to Section 133 of the Penal Code. A conviction is recorded against him of malicious damage by fire of Yvonne clothes valued at Vatu 18,500 and other property of unknown value because of the difficulty to get appropriate assessment at this stage of the proceedings. The Accused is convicted and sentenced to pay a fine of Vatu 10,000.
As to the offence of arson, the Accused is convicted and ordered to pay a fine of Vatu 10,000. The victim claimed compensation for her clothes valued at Vatu 18,500. The Accused accepted to pay that amount to the victim. Mr. Kunitomo Mamoru claimed 20,140 Vatu for items destroyed in the kitchen and owned by him. Here also, the Accused accepted to pay that amount to Mr. Kunitomo. The Accused accepted also to pay an amount of Vatu 10,000 to compensate the hardship Mr. Kunitomo Mamoru had gone through after the arson and having no kitchen and cooking facilities.
As to the owner’s of the house claim, both prosecution and the defence counsels agree that that claim will be dealt with as a Civil Claim under Part XII of CAP.136 (ss.213-217).
The Defendant says he can pay 20,000 Vatu per month and will start within 2 weeks as from the date of this Order.
The decision in PP v. Noses, Criminal Case No.7 of 1991 is followed and applied in this case.
ORDER
1. The payment of fine of Vatu 10,000 in counts 1,2 and 3 are to run currently. The Accused is ordered to pay in total 10,000 Vatu fine.
2. The Accused is ordered to pay Vatu 2,000 for prosecution costs.
3. The payment of fine of 10,000 Vatu for fine as per (1) and the prosecution costs of 2,000 Vatu as per (2) above are to be paid within 2 weeks as from the date of this Order.
4. As to compensation claims, the Court makes the following Orders with the consent of the Accused:
(a) the Accused is ordered to pay 18,500 Vatu for compensation to the victim, Yvone Namel;
(b) the Accused is ordered to pay 20,140 Vatu for compensation to Mr. Kunitomo Mamoru for his properties (items) destroyed in the kitchen.
(c) The Accused is ordered to pay a compensation of Vatu 10,000 for the hardship Mr. Kunitomo Mamoru was enduring without the kitchen and cooking facilities after the arson.
5. The Orders for compensations as ordered in Order 4(a), (b) and (c) shall start after the payment of 12,000 Vatu (fine and prosecution costs) is finalised.
6. The Accused has 14 days to appeal.
DATED at PORT-VILA, this 15th DAY of APRIL, 2002
BY THE COURT
Vincent Lunabek
Chief Justice
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