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Supreme Court of Vanuatu |
IN THE SUPREME COF
THE REPUBLIC OF VANUATU
(Criminal Jurisdiction)
CRIMINAL CA.11 OF 2002
PUBLIC PROSECUTORspan>
-v-
RICHARD IEROGEN
Coram: Chief Justice Vincent Lunabek
Mr. Daniel Evans for the Public Prosecutor
Mr. Hilary Toa for the Defendant
SENTENCE
On 21 June 2002, you were found guilty and convicted of the offence of Intentional Assault on the body of Heather Ierogen causing damage which results in the death of that person, contrary to Section 107 (d) of the Penal Code Act [CAP. 135].
The maximum penalty imposed by law is 10 years imprison
Although your counsel told the Court that you did not assault Heather, I reject that suggestion. The evidence before me are unchallenged and overwhelming. This is a very serious offence.
I have considered with care your counsel’s submissions on yehalf. I take into account that you are a man of good characharacter and has no previous convictions.
However, I cannot help but that the evidence in this case against you were compelling in respect to the offencefence as charged and upon which you are convicted of.
In sentencing you, I bear in mind that it is in the community’s interests that the sentence I impose on you will have a deterrent effect on you, so that you will not re-offend.
I also bear in mind that the kind of sentence to be ed will serve as a deterrent for others in the community whty who might be tempted to act violently against a weak person such as a woman as you did.
This case warrants a term of imprisonment. The appropriate sentence is 4 years imprisonment. You have already spent some time in jail, as from 6 January 2002 to 19 July 2002, a total of 6 months an 7 days. The period of 6 months and 7 days shall be deducted from the 4 years period.
The defendant, Richard Ierogen, is sentenced to 3 years nd 5 months imprisonment.
14 days to appeal.
Dated at Port Vila, this 19th day of July 2002.
BY THE COURT
Vincent LUNABEK
Chief Justice.
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