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Public Prosecutor v Abel [2006] VUSC 10; CRC 062 2005 (8 February 2006)

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

SC No. 62 of 2005

PUBLIC PROSECUTOR

VS.

WARTOR ABEL
ISAAC ABEL

Coram: Mr Justice Oliver A. Saksak
Mrs Anita Vinabit – Clerk

Ms Kayleen Tavoa, Public Prosecutor, prosecuting
Mr Hillary Toa, Public Solicitor, defending.

SENTENCE

Wartor and Isaac, you both pleaded guilty to a charge of damage to property contrary to section 133 of the Penal Code Act on 1^st December 2005.

Today Isaac Abel you have decided to change your not-guilty plea entered against you on 1^st December 2005 to guilty. The charge against you was for arson contrary to section 134(1) of the Penal Code Act [CAP. 135]. This is a serious offence and carries a maximum of 10 years imprisonment.

You are both first offenders. You obviously felt embarrassed and humiliated by the affairs of Geordie with your daughters and sisters. But there are other and lawful ways to solve such problems. You chose instead to take the law into your own hands and disturbed the peace in your community resulting in these charges being laid against both of you. Both of you have realized that what you did is against the law and both of you have apologized to the families and relatives of the complainants and to this Court. You have indicated that you will not repeat these actions. However your actions were wilful and unlawful. Fortunately no lives were endangered by your actions.

I have considered these factors and I am of the view that the appropriate sentence the Court will impose on both of you are as follows:-

(1) Isaac Abel for the charge of arson – a prison term of 4 months suspended for a period of 1 year (12 months) from the date of this sentence.

(2) Wartor Abel for the charge of damage to property – a fine of VT20,000 to be paid within 7 days from today. In default, imprisonment for 2 months.

(3) Isaac Abel for the charge of damage to property – a fine of VT20,000 to be paid within 7 days from today. In default, imprisonment for 2 months.

DATED at Luganville this 8^th day of February, 2006.

BY THE COURT

OLIVER A. SAKSAK
Judge