Home | Databases | WorldLII | Search | Feedback Supreme Court of Vanuatu

Public Prosecutor v Bongran [2005] VUSC 36; Criminal Case No 042 of 2004 (18 March 2005)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Criminal Jurisdiction)

Criminal Case No: 42 of 2004

PUBLIC PROSECUTOR

V.

SETH BONGRAN

Coram: Mr Justice Oliver A. Saksak
Mrs M. John - Clerk

Counsel: Mrs Linnes Moli for the Public Prosecutor
Mr Jacob Kausiama for the Defendant

Date of Plea and Sentence: 18th March 2005

SENTENCE

You have pleaded guilty to a charge of rape contrary to Section 91 of the Penal Code Act (CAP 135). And the Court convicts you on your guilty plea.

The offence of rape is a serious crime and carries a maximum penalty of life imprisonment.

The aggravating features in this case are:-

(a) You applied force on the victim.
(b) You threatened her with a knife
(c) You led her to a spot where if she tried to escape or did not surrender to you would put her in danger of being harmed or even killed.
(d) You subjected her to certain pervaded positions.

The only mitigating factors made on your behalf by Counsel worthy of considerations are:-

(a) That you pleaded guilty instantly today.
(b) That you are a first offender.

As can be seen clear the aggravating features out weigh the mitigating factors. That makes your case serious.

Again I follow the sentencing guidelines and principles in the Ali August Case [2000] VUSC 73; Criminal Case No. 14 of 2000 as confirmed by the Court of Appeal in the Maslea Scott Case [2002] VUCA 20; Criminal Appeal Case No. 2 of 2002, and of Kevin Gideon Case [2002] VUCA 7; Criminal Appeal Case No. 3 of 2001.

This case warrants only a Custodial Sentence. I consider that I should adopt and apply the starting point of 5 years due to the serious nature of the case. However I allow 1/3 reduction in mitigation of your early plea of guilty. The balance you have to serve in jail is therefore 3 years and 4 months. I order that any period you have taken in custody prior to your entering plea will be deducted accordingly from the 3 years and 4 months.

DATED in Luganville this 18^th day of March 2005.

BY THE COURT

OLIVER A. SAKSAK
Judge.