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

Criminal Case No. 33 of 2006

PUBLIC PROSECUTOR

V

JULE WAYANNE

Coram: Justice N. R. DAWSON

Date of Sentencing:  26th May, 2009

Counsel: Mr. A. Obed for Public Prosecutor
Mr. H. Vira for Accused

SENTENCE

1.	Mr. Wayanne you appear in Court today for sentencing on two charges of Indecent Assault. These charges carry a maximum term of imprisonment of ten years each. 
 
2.	The victim of your offending was five years at the time that your offending was committed. You were then 33 years of age. The victim calls you uncle, you both lived in the same village in Efate. In December 2005 when the victims mother was away at work the victim and two other relatives of hers were at home all playing together. You went to them and asked them to close the door and to go to sleep. You were apparently drunk at that time. The children were afraid of you because you were drunk and ran to the door to get outside but you blocked the door. They went to the window to climb through instead but you grabbed the victim and the other two managed to escape through the window. The victim was frightened and was crying, you removed her panties and pushed her onto the floor, you spread her legs apart, and had oral sex with her by kissing her vagina. You then asked the victim to suck your penis which she did because she was frightened of you. The victim put her panties back on after you finished assaulting her and then you got up and went outside the house. She did not tell anyone about the incident but when her mother was bathing her the next day she then told her mother. You admitted the allegations that were made against you to the police. 

3.	I have read the probation report that was being prepared for your sentencing and I have also received and read the prosecutions submissions and the defence submissions. 

4.	In sentencing you today Mr. Wayanne it is necessary to hold you accountable for the harm that you caused by your offending. I need to take into account the interests of the victim of your offending who was at that stage a very young girl. It is also appropriate and very necessary for me to denounce your behaviour and make it very clear to you and others that this sort of offending cannot be tolerated in this community. Your sentence needs to be set so that it will act as a deterrent to stop you and any others from offending in this way. The community are entitled to be protected from this type of offending, particularly young girls and your sentence needs to reflect the seriousness of your offending. 

5.	There are aggravating features to your offending. The first aggravating factor is the abuse of trust and authority that was involved in your offending. You are the victim’s uncle and she should have been able to rely upon you for protection rather than being offended against by you. The victim is very vulnerable due to her young age as she was only 5 years old at that time. 

6.	In mitigation you entered guilty pleas at an early stage and you indicated your remorse for your offending and you had no previous convictions on your record. I note your probation report refers to you being under the influence of alcohol at that time but you need to know that being drunk is no excuse. You are responsible for what you do whether you are drunk or whether you are sober. 

7.	The sentencing factor that I must need to take into account today is that of deterrence which demands a sentence of imprisonment. You and others must know that if you offend by sexually attacking young girls then prison will be the outcome. In my view an appropriate sentence of imprisonment for you would be four years. I then take into account the aggravating factors and it is appropriate to increase that to a term of imprisonment of 5 years. I then take into account the mitigating factors I have mentioned and on both offences you are convicted and sentenced to a term of imprisonment of 3 years and 4 months to be served concurrently. I am advised you have already spend 2 weeks in custody and therefore your sentence from today will be a term of 3 years, 3 months and 2 weeks. 

8.	You have the right to appeal this sentence. For any appeal you must lodge a notice of appeal within 14 days of today’s date.

Dated at Port Vila, this 26th day of May, 2009

BY THE COURT

N. R. DAWSON
Judge