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Public Prosecutor v Lelecte [2010] VUSC 12; Criminal Case 41 of 2009 (17 March 2010)

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


Criminal Case No. 41 of 2009


PUBLIC PROSECUTOR


V


SYLVIO LELECTE


Public Prosecutor: Mr. Takau
Accused: Mr. Stephens


SENTENCE


  1. Mr. Lelecte you appear in Court today for Sentencing on the charge of arson. Many of your co-defendants have already been charged and sentenced. You have been slow in coming to Court to have this matter deal with. The Court now has a same day report from Correctional Services and sentencing is going to proceed today. I note that you 24 years of age, you have a girl friend with a 1 year 1 month old child, you have entered a guilty plea at an early stage and you are a first time offender.
  2. You need to take in consideration Mr. Lelecte that arson is a very serious charge and is usually punished by imprisonment. It is only because of your personal circumstances and that you a first time offender that you are not going to prison today. If you come back to Court again on a similar charge you can expect that result, if you are foolish enough to run that risk again. There are no aggravating circumstances and I see no reason to impose a sentence different from your co-offenders that Judge Butler sentenced to 250 hours of community work. You are therefore also convicted to sentenced to 250 hours of community work.
  3. You have 14 days to appeal this sentence. For any appeal, you must lodge a notice of appeal within fourteen days of today date. Stand down please.

Dated at Lakatoro, this 17th day of March, 2010


BY THE COURT


N. R. DAWSON
Judge


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